Brown, 441 U.S. 281, 311 (1979). “Congress reject[ed] … the very language that would have achieved the result [that proponents] urges here,” which “weighs heavily against [their] interpretation.” Hamdan v. Rumsfeld, 548 U.S. 557, 579-80 (2006). See my amicus brief in Teva v Helsinn at the CAFC for other arguments, including those based on canons of statutory interpretation, as to why the meaning of “on sale” and “public use” have not changed by the AIA. link to bit.ly You are correct to point out the “herding” efforts of select members of Congress, but as we have discussed, you are not correct with your statement of: “The reality is that repealing the secret commercialization personal forfeiture bars was never discussed in congressional hearings before enactment of the AIA.” You reference the Soliloquy, but neglect to mention that such was inserted at the tale end of the “at the Senate” portion of the proceedings – prior to going to the House, and then back to the Senate, thereby expressly being something that “was discussed” during processing of the AIA.
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