Ars Technica coverage: Supreme Court saves medical profession from diagnostic patents.
Archive for IP
Genomics Law Report – Mozilla Firefox
Pigs Fly: Federal Court Invalidates Myriad’s Patent Claims
via Genomics Law Report – Mozilla Firefox.
Boo. Also, Yah.
1. The Plaintiffs Win. The ruling appears to be a nearly complete victory for the plaintiffs and their supporters, including the ACLU. With respect to Myriad’s issued patents on the BRCA1 and BRCA2 genes, Judge Sweet’s ruling invalidates both Myriad’s composition of matter claims (its patents on isolated DNA sequences to all or a portion of the breast cancer genes) and its method claims (those patent claims that relate to analyzing or comparing isolated DNA sequences in order to detect mutations in a patient’s BRCA1/2 genes that might cause breast cancer).
The overall tone of the Court’s ruling is best captured by this passage (from page 135):
The identification of the BRCA1 and BRCA2 gene sequences is unquestionably a valuable scientific achievement for which Myriad deserves recognition, but that is not the same as concluding that it is something for which they are entitled to a patent.
Michael Geist – Copyright Bill’s Fine Print Makes For a Disturbing Read
Michael Geist – Copyright Bill’s Fine Print Makes For a Disturbing Read
Yesterday Industry Minister Jim Prentice and Canadian Heritage Minister Josee Verner delivered what amounts to a stinging rebuke to the Supreme Court’s copyright vision of public interest and balance. After months of internal discussions (though precious little public consultation), the government unveiled its much-anticipated copyright reform bill. Casting aside the concerns of major business, education, and consumer groups, the bill seeks to dramatically tilt Canadian law toward greater enforcement and restrictions on the use of digital content, leading Liberal Industry critic Scott Brison to warn that it could result in a “police state.”
Charlie Angus – News and Issues
Charlie Angus – News and Issues
WIPO REALITY CHECK: NDP OFFERS PRENTICE A WAY THROUGH COPYRIGHT MORASS
You tell ‘em Charlie. Jim finally responded to my letter. Didn’t actually say anything.
Techdirt: Is A Photograph A Derivative Work Of The Object In The Photo?
Techdirt: Is A Photograph A Derivative Work Of The Object In The Photo?
A derivative work is supposed to be for something that “recast, transformed, or adapted” the original work, and is normally used for something like a translation of copyrighted material. However, does a photograph really recast, transform or adapt the object? Or is it an entirely separate work?
The kind of thing I stay up at night worrying about. (( as I farm primals ))
EFF says patent reform could bust its Patent Busting Project
EFF says patent reform could bust its Patent Busting Project
The EFF has sent a letter to Senators Patrick Leahy D-VT and Arlen Specter R-PA outlining its problems with the Patent Reform Act the bill has already passed the House. Under the bills current language, patents will be subject to a post-grant review process, but the current reexamination system would be scrapped.The post-grant review system would allow nonprofits like the EFF to challenge bum patents for only 12 months after they are issued.
Seriously. Why should there be any time limit?
Canada’s obligations to the WIPO treaty.
We have not ratified that treaty and therefore have no obligations.
Copyright might follow U.S. model
Strangely, given their history, the National Post has a somewhat balanced article on the inclusion of copyright in the throne speech. It includes this gem from CRIA president Graham Henderson: “We’re concerned about hackers, the people who attack the business models,” said Mr. Henderson.
I wonder if anyone is going to pick up on that. CRIA wants a law put in place to protect their business model. Sigh. Techdirt has more reading on the whole Felony-Interfernce-Of-A-Business-Model is a not a real crime meme.
Opinion: The Devil is in ACTA’s details
25.April.2010 at 05:47 UTC · Filed under Economics, IP, Law & Politics, Legal Commentary, Politics, Stupid Government Tricks
ACTA will require courts to consider a ‘lost sale analysis’ when assessing the amount of damages to be awarded for copyright infringement. This assesses damages on the basis that an infringement represents a loss of revenue from a transaction that otherwise would have happened, and the damage is the price of the good.
via iTnews.com.au.
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