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June 16, 2005

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John

Hello!

Couple of things:

1) Thanks for posting additional comments on Merck v. Integra.

2) I think the Supreme Court's language is practically broad enough to cover shotgun or blind-guess early drug discovery research. At least in the sense that pharmaceutical companies will be doing said research. The particular physiological effect of the patented product will be obvious at the outset, as it was with the RGD patent in Integra. No one does research with patented drugs and doesn't know what the drugs are doing. This "reasonably related" language doesn't place any limits on infringing use, in my opinion.

3) It seems to me like Scalia read the statute, made some quick interpretation, and then dropped this hot potato back to the CAFC so that the pros can handle it. Did you get that impression? I'm very interested in how the CAFC responds to this on remand.

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