Ars Technica coverage: Supreme Court saves medical profession from diagnostic patents.
Archive for IP
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.
Pigs Fly: Federal Court Invalidates Myriad’s Patent Claims
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.
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
WIPO REALITY CHECK: NDP OFFERS PRENTICE A WAY THROUGH COPYRIGHT MORASS
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 ))
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?