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Thank you for pointing out the primary culprit here--Congress and its lame legislation in this area.

The headline's use of 'legalize' only perpetuates the confusion surrounding Supreme Court decisions. It is the underlying legislation that gives life to the patent claim not the fact that the Court upholds patents that succesfully adhere to a misguided law.

Ambiguous or otherwise weak legislation leaves the court in a no-win situation of shaping public policy via judicial opinions.



One problem is that even unambiguous legislation gets twisted by agency interpretations and case law to no longer mean what it originally said.




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