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More on Experimental Use

Ed Felten updates the discussion about experimental use in patent law with a comment on yesterday’s Wall Street Journal story about Madey v. Duke University. (Ed’s post picks up on a post by Doug Tygar.)

The WSJ implied that there is a showdown coming in the trial of that case. That’s misleading. Unless Congress acts or the Federal Circuit takes up the question en banc, both of which seem doubtful, this battle is already lost.