USA

Gene patents invalid in USA

District Court Judge Robert Sweet has ruled that Myriad’s patents for the BRCA1 and 2 isolated gene sequences are invalid on the grounds that isolation of the “pure” form of the gene is insufficient to confer patentability.

The New York Times has a lengthy report.

Patently-O summarises, with a link to the 152 page judgment. Prof. Crouch goes on to note that the reasoning effectively invalidate almost all gene patents but expresses the view that the Federal Circuit will reverse, setting up the matter for the US Supreme Court.

These are the patents which sparked controversy in Australia in 2008 and 2009 as a result of which the Senate is now holding an inquiry, currently due to report by 17 June 2010. The ALRC had earlier in 2004 recommended that patents should continue to be available for genetic material.

Association for Molecular Pathology and ACLU v. USPTO and Myriad (S.D.N.Y. 2010) (Judge Sweet)

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Amazon’s 1-click patent survives re-examination

Patently-O reports that Amazon’s 1-click patent has survived re-examination in the USA before the USPTO.

It would appear that the application was amended to tie the claims to use of a shopping cart:

The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a “shopping cart model.” …. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical impact on the patent scope.

One of the (more intelligible) comments claimed that re-examination before the USPTO did not extend to consideration of obviousness issues.

Amazon’s counterpart patent application in Australia, No 762175, is under opposition by Telstra.

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Levying execution against a domain name

The US Ninth Circuit Court of Appeals has upheld a district court ruling in which a creditor of John Zuccarini successfully levied execution against a domain name held in Mr  Zuccarini’s name.

Mr Zuccarini, sometimes known as Cupcake Patrol and other “colourful” noms de plume, may be familiar to those of you around in the “old” days of the UDRP from the frequency in which he appeared as a respondent.

Venkat, in a guest post on Professor Goldman’s Technology and Marketing blog, highlights, the Ninth Circuit’s ruling permitted execution on the basis of the location of the domain name registrar. So, if your client has registered his/her/its domain name through a US registrar, the domain name could be at risk if your client becomes embroiled in a dispute with someone who has access to the US legal system.

Levying execution against a domain name Read More »

ACTA coming a little bit more out of the shadows

ACTA coming a little bit more out of the shadows Read More »

In re Bilski

Patently-O has extracts from and links to transcripts of the oral argument before the US Supreme Court and some informed reportage.

Also, make sure you read Prof. John Duffy’s rebuttal of the charge that the Federal Circuit’s decision in State Street “opening the floodgates” to business method patents is a case of judicial activisim gone wild.

Then ask yourself, would the world really be a better place if we all adopted the European practice of banning the patenting of  business methods and computer programs “as such“?

In re Bilski Read More »

Software licensing

Software licensing Read More »

Practical DMCA problems

Practical DMCA problems Read More »

US patent instructions

A committee comprised of judges and attorneys has published the National Patent Jury Instructions.

As its name suggests, a set of model instructions for juries in the USA for patent actions.

Apart from when your client might be litigating in lawyer paradise, you never know, you might find some useful ideas – bearing in mind that their law and our law are not exactly the same!

Download from here. Lid dip Patently-O.

US patent instructions Read More »

$80,000 (USD) per download

In case your newsfeed hasn’t beeped you, the jury in Minnesota has awarded the record companies US$1,920,000 against Jammie Thomas for her 24 infringing downloads.

That’s right, $80,000 per infringement.

The original award, which the judge quashedsua sponte“, was “only” $220,000. Presumably, there are going to be some interesting motions “non obstante veredicto“?

Evan Brown has some links. The Age (lid dip Matt Bromley).

Howard predicts (hopes?) this is the end for record companies.

$80,000 (USD) per download Read More »

Google’s trade mark policy

Google’s trade mark policy Read More »