Judge Moore Reflects on In re Comiskey

The infamous In re Comiskey decision came up recently in the oral argument of TAKEDA PHARMACEUTICAL COMPANY LIMITED v. ARRAY BIOPHARMA INC., No. 2017-1079 (Fed. Cir. Dec. 26, 2017).

Judge Moore had some frank comments about the In re Comiskey opinion.  She referred to In re Comiskey as an “administrative law nightmare” and “horrifically wrongly decided.”

You can listen to Judge Moore’s comments here:

You can read the Takeda v. Array opinion here: [Link].

You can read the In re Comiskey en banc order here, which includes Judge Moore’s dissent: [Link].

You can read the In re Comiskey reissued opinion here: [Link].

You can listen to then Assistant Solicitor Chen respond to questioning from Judge Dyk in the oral argument of In re Comiskey here:


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