Esteemed Stanford University Law School Professor Mark A. Lemley has produced an impressive amicusbrief in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Fed. Cir. 2016-1284. Professor Lemley argues that Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co., 153 F.2d 516 (2d Cir.1946), should be considered good law under the Leahy Smith America Invents Act.
Whither Karshtedt, Whither Harmonization? As more fully explained in the pdf version of this note, the full picture should take into account the critique by George Washington University Law School ProfessorDmitry Karshtedt, The Riddle of Secret Public Use: A Response to Professor Lemley, 93 Texas L. Rev.See Also 159 (2015), as well as the public policy arguments presented in the amicus filing of The Naples Roundtable, Inc.
Regards,
Hal