Stanford University Law School Professor Mark A. Lemley’s impressive amicus brief in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir. 2016-1284, was noted earlier today, contrasted with the sharply differing views of Professor Dmitry Karshtedt, The Riddle of Secret Public Use: A Response to Professor Lemley, 93 Texas L. Rev. See Also 159 (2015), and the amicus filing of The Naples Roundtable, Inc. (Both documents were attached to the earlier note.)
What Chairman Smith said about his Legislation: Congressman Lamar Smith (the “Smith” of theLeahy Smith America Invents Act) has also filed as amicus. He paints a picture of his legislation at odds with the Lemley interpretation.
Details are provided in the pdf version of this note which also includes the amicus brief of Chairman Smith.