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Patents and Eminent Domain
mrbill writes "Interesting take on the Eminent Domain case now before the Supreme Court. Could the same logic behind using Eminent Domain to take real property be used to take a Patent? Apparently some states are contemplating taking drug company patents to force lower drug prices." From the article: "Patents are the key to huge drug-company profits. The industry will fight vociferously to protect them. In West Virginia, where the issue came up last summer, industry lawyers warned a legislative advisory council away from proposing such action on patents, claiming it would be unconstitutional. "
because the drug companies wouldnt lower prices. Although I would say that this would easily be overturned/outlawed by the bought and paid for Congress. Although if they were to take patents for drugs, whats to stop them for taking patents for everything else?
Its a shame that the states are doing what the federal govt. should be doing these days.
The Doormat
If you're not outraged, then you're not paying attention.
The summary above refers to Susette Kelo v. City of New London. The city is attempting to use eminent domain to take some land from people, and sell it to a private developer to develop. (I emphasize private because the case hinges on that) Cnn had a good write up here
To make laws that man cannot, and will not obey, serves to bring all law into contempt.
--E.C. Stanton
Actually, Article I, Sec. 8 of the Constitution gives Congress authority to grant patents and copyrights. However, it is not specifically denied to the states - it is up to Congress, under the Supremacy Clause, to decide whether to allow states to regulate the same areas. For example, states had independent copyright laws until the 1970s, until Congress took that power away. With that said, it's a meaningless issue here, as the Federal government has in fact blocked parallel state rulemaking regarding patents.
However, the doctrine of sovereign immunity and the 11th amendment make it hard to prosecute state governments for patent or copyright infringement. So a statewide agency could just start making patented drugs, and it would be hard to stope them
With good reason, since the concept of eminent domain is not actually part of the constitution.
That's funny, I could have sworn that an amendment to the Constitution addressed the taking of private property for public use:
Article [V.]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Emphasis mine.)
You might actually try reading the Constitution and some of the laws you like to talk about. Seriously, you might learn something. Now, what were you saying?
"Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
It is doubtful that the patent is valid; IM bots go back to the dark ages of the IRC networks. There is plenty of prior art.