One maxim of law is that the Sovereign can do no wrong.
A corollary to that is that the King is above the "facts" (Royalty Trumps Facts).
We see that doctrine at work in the dissent by Thomas/Alito in Teva Pharmaceuticals v. Sandoz.
According to Thomas/Alito, when the government "issues" a patent it is more like a statute binding on all than a contract binding on just the one. Hence the rules for interpreting a statute, and not the rules used in contract law, apply. The words of the patent claim become the words of the King. The King is above the trifle of facts. And so therefore are the words and phrases found in a government issued patent claim.
Luckily, the majority in Teva v. Sandoz did not see it quite in this twisted way.
work still under way .... (the webmaster can do no wrong, a law of the web)
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