Forty years ago, I was knee deep in USPTO and court proceedings on behalf of laser pioneer, Gordon Gould. A 1983 decision in Gould’s favor effectively shut down efforts to derail Gould’s patent portfolio. But there was one point in that decision that might be viewed as inconsistent with the holding in Amgen v. Sanofi.
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct..