Attached is a paper, “The Right to Experiment ‘On’ a Patented Invention:  Exorcising the Ghosts of Case Law Past”, that considers the important work of George Washington University Law School Professor Dmitry Karshtedt, Photocopies, Patents, and Knowledge Transfer: “The Uneasy Case” of Justice Breyer’s Patentable Subject Matter Jurisprudence, 69 Vand. L. Rev. 1739 (2016).

En Banc Federal Circuit Clarification of the Right to Experimentation:  The bottom line is that the Federal Circuit needs to exorcise mistaken understandings of the right to “experiment on” a patented invention that have been perpetuated through opinions from two of its former members: They play into the view of Justice Breyer and Supreme Court decisions denying patent-eligibility.

FedCirExperimentalUseFeb4_2017xy

Regards,
Hal