Is there a Doctrine of legal impossibility

conradlebeau

New Member
My name is Conrad. I am involved in a 5 year legal fight with the U.S. Food and Drug Administration here in Milwaukee, Wi and I am representing myself with standlby counsel from the Federal Court. I am looking for court citations on the Doctrine of Legal Impossibility. Specifically, if one law (the FDC Act) requires you to do something that requires a patent and you cannot patent a natural substance, shouldn't there be a doctrine of legal impossibility as a defense? Example, You make a health claim about a nutritional product and the FDA says it is a drug based on speech about its intended use to prevent a disease, and the FDA says that for the speech used in labeling to be legal you need to apply for an (NDA) New Drug Application. Now the NDA requires a patent number and your product is not a new invention, but a mixture of plant derived ingredients that are not patentable, you are in legal quicksand as there is no way to use the legal remedy the FDA demands that would be either affordable, even possible to comply with or just. By the way the law on NDA makes the patent number mandatory , not optional.
I am scheduled for oral argument my case on July 21st in Milwaukee, Wisconsin. This case started in 2010 and is still going because the Judge apparently cannot decide on how to rule on all the legal issues I have raised about how the FDA has improperly applied the law in my case. Any one with the time to donate, and read and comment on the legal issues I have raised would be most welcome.


Conrad
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