A Foregone Conclusion – Life Tech. v. Promega

I’ll probably have something more to say on the SCOTUS decision after reading and discussing some of the details of the reasoning.  But the core claim was that Taq was somehow “substantial” in the context of PCR kit.  The only way to get to that result is that every necessary component is “substantial,” which would make nearly all components of any invention “substantial.  Even a small bolt in a large harvesting machine may be necessary to hold the thing together.

Ultimately, the  decision can be summed up in a sentence at the end of the opinion: “[w]e are persuaded, however, that when as in this case a product is made abroad and all components but a single commodity article are supplied from abroad, this activity is outside the scope of the statute.” (emphasis added).  With that accurate factual description in place, there was only one result possible.  I’ll write more on reasoning to get there some other day.

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