The CRISPR Patent Decision Didn’t Get the Science Right. That Doesn’t Mean It Was Wrong
September 13, 2018
(STAT News) – Many scientists disagree with the decision, believing that it fails to comport with how molecular biology is actually practiced. I agree with them. But that doesn’t make the Federal Circuit’s decision wrong. In fact, I think its decision is absolutely correct. The reason has to do with standards of review — the standards courts use to weigh evidence, limit their authority, and make decisions. Like criminal law’s “beyond a reasonable doubt” standard, standards of review are incredibly important for many legal cases. They’re how much one side needs to prove something and, failing that, who should win.