Only by evaluating scope in a single, integrated fashion can courts avoid the nose of wax problem that has grown endemic in IP law.
The result of this separation is that parties treat IP rights "like a nose of wax which may be turned and twisted in any direction." (2) When infringement is at issue, IP owners tout the breadth of their rights, while accused infringers seek to cabin them within narrow bounds.
(7) But even these efforts to patch the system are doomed to fail at determining the proper scope of an IP right for the simple reason that they are themselves either validity or infringement doctrines and are therefore subject to the same nose of wax problem as different decisionmakers tackle different pieces of the issue at different times.
Only by evaluating scope in a single, integrated proceeding can courts avoid the nose of wax problem that has grown endemic in IP law.
"[A]s John Locke puts it, the outcome of biblical interpretation threatens to be `that the scripture serves but, like a nose of wax
, to be turned and bent, just as may fit the contrary orthodoxies of different societies.