Thoughts on Association for Molecular Pathology and ACLU v. USPTO and Myriad (S.D.N.Y. 2010) (Judge Sweet).

First of all, this decision is essentially a non-event. It goes against such a boatload of precedent that I have no doubt that the Federal Circuit will overturn it completely and without reservation. In fact, it's not too outrageous to expect such a complete smackdown from the CAFC that the Supreme Court will deny cert.

But this decision and the reactions to it have highlighted a gulf of understanding between the patent priesthood and the public at large, a group in which I include lower courts and legislators.

What I'd like to do is craft an argument in favor of existing legal precedent that can at least be understood by laymen. If it turns out to be convincing, I might just have to return to my old career.