Patent & IP news for June 13, 2013

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Patent & IP Blogs

post image It’s only natural: Supreme Court say no patents for naturally occurring DNA, but OKs patents for synthetic DNA from ipspotlight.com

The United States Supreme Court issued another blow to patent-eligible subject matter in the United States, ruling that naturally occurring DNA elements are not eligible for patenting. However, the Court softened the blow by confirming ...

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post image The Supreme Court & DNA: Winners All Around from www.lotempiolaw.com

The recent Supreme Court ruling about the legality of patenting human DNA was groundbreaking in fields of genetic research, setting the tone for rulings to come. In its decision, the Supreme Court unanimously ruled that ...

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post image News Flasche: Myriad ruling now out from ipkitten.blogspot.com

The IPKat is grateful to his friend Dr Wolfgang Flasche (immatics biotechnologies GmbH) for news that the US Supreme Court has now give its keenly-awaited ruling in Association for Molecular Pathology et al v Myriad ...

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post image Supreme Court Issues Opinion on Myriad from www.patentbaristas.com

In a unanimous decision, the Supreme Court ruled against Myriad Genetics saying that the company cannot patent natural DNA.  Association for Molecular Pathology et al., v. Myriad Genetics, Inc., et al.  (SCt 12-398_8njq; No. 12 ...

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post image Huge win for Apple at the patent office: key claims of rubber-banding patent confirmed from www.fosspatents.com

Apple has just informed Judge Lucy Koh of the United States District Court for the Northern District of California of a major breakthrough: the United States Patent and Trademark Office (USPTO) has notified Apple of ...

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post image Ova and Oberbank on way to Luxembourg: your chance to comment from ipkitten.blogspot.com

Some CJEU judges have gone
into hiding till the flow of IP
cases abates ...
Here are two more cases in which questions arising from the European Union's increasingly complex IP law are off on ...

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post image DIPP issues notification proposing an across the board hike in patent filing fees from spicyipindia.blogspot.com

In a recent notification issued by the DIPP, the Ministry of Commerce and Industry proposes to raise the fee levied for filing and prosecuting patents before the Indian patent office.  The notification may be accessed ...

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post image US Supreme Court invalidates isolated gene patent from ipwars.com

but permits synthetic versions: Association for Molecular Pathology v. Myriad (2013) Read more at Patently-O here and here The appeal from Cancer Voices  in Australia is still pending. Share on FacebookAuthor information

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post image Thanks again! from ipkitten.blogspot.com

Now that the IPKat's Tenth Birthday party's over, the guests and active participants have returned to their day-jobs and the remains of the last accidentally trampled canapé have been carefully scraped from the ...

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post image Supreme Court's Opinion of Gene Patentability from patentlawip.blogspot.com

Supreme Court has held that isolated human genes are not patentable. See below for more.


http://online.wsj.com/article/SB10001424127887324049504578543250466974398.html?mod=djemalertNEWS


Los Angeles Trademark Lawyer

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post image PTAB CBM: Versata Patent Claims Unpatentable under 35 U.S.C. § 101 from www.reexamlink.com

On June 12, 2013, the Patent Trial and Appeal Board (PTAB) issued a decision holding claims 17 and 26-29 of Versata’s 6,553,350 patent  unpatentable under 35 U.S.C. § 101.  This decision ...

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post image Greece: Wine Trail and Trademark Talk Goes Global from www.lotempiolaw.com

Lately when you talk about Greece, the discussion inevitably comes back to the political unrest and economic issues, but after spending four weeks teaching English in Crete all I can say is economy, schmonomy. It ...

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post image Supreme Court’s Myriad Decision a Mixed Bag from hallingblog.com

The Supreme Court issued its opinion in the ASSOCIATION FOR MOLECULAR PATHOLOGY ET AL. v. MYRIAD GENETICS, INC., ET AL today.  While I disagree with the court’s opinion, it is perhaps the most clearly ...

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When NPR Podcasters Hit the Patent System from www.patentdocs.org

By Andrew Williams -- There has been a lot of discussion recently in the mainstream press regarding the U.S. patent system and its perceived failings. The current outcries stem from the apparent proliferation of "Patent ...

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ITC staff rejects Google's public interest arguments, recommends import ban against Samsung from www.fosspatents.com

With a view to the ITC's final ruling on Apple's complaint against Samsung, currently scheduled for August 1, 2013, 17 submissions on the public interest were made this week. An Administrative Law Judge ...

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WTO TRIPS Council: Discussion Of Innovation Shows Divergent Views; Tobacco Back On Agenda from www.ip-watch.org

The impact of intellectual property rights on the transfer of ‘green’ technology was brought up to the World Trade Organization committee on intellectual property this week with divided points of views. In addition, a discussion ...

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SpicyIP Events: FMC-DSIR-APTDC Workshop for Identifying the Technologies for Acquisition from spicyipindia.blogspot.com


The Andhra Pradesh Technology Development & Promotion Centre (APTDC) has partnered with the Department of Scientific and Industrial Research(DSIR) and Foundation for MSME Clusters (FMC) to conduct a one day workshop on Facilitating Technology Acquisition ...

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Monsanto Avoids Declaratory Judgment Action Brought By Organic Farmers from www.pharmapatentsblog.com

In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from asserting its ...

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Monsanto Avoids Declaratory Judgment Action Brought By Organic Farmers from www.pharmapatentsblog.com

In Organic Seed Growers and Trade Association v. Monsanto Co., the Federal Circuit dismissed the plaintiffs’ declaratory judgment action against Monsanto, but in so doing held that Monsanto would be judicially estopped from asserting its ...

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Interview With Tanja Rajić: The Impact Of EU Enlargement On Trademark Practice In Croatia from www.ip-watch.org

Ten years after applying for membership, Croatia is finally joining the European Union (EU) on 1 July 2013. Tanja Rajić, senior associate at PETOSEVIC, explains how six years of accession negotiations and the adoption of ...

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“Common Trademark Application Mistakes” video has been viewed more than 20,000 times! from www.erikpelton.com

When I posted some videos on YouTube about trademark issues, I thought a few dozen people might find them useful. I never imagined that one my videos would have more than 20,000 views! Are ...

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SpicyIP Tidbit: First Thai antiretroviral compulsory license from spicyipindia.blogspot.com

The Thailand Government announced plans to issue a compulsory licence for an anti-retroviral drug Efaverenz, as reported by IP Komodo (a blog covering South East Asian IP developments). Thailand has previously issued licences for other ...

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WHO Updates Guidance For Pandemic Flu Risk Management from www.ip-watch.org

The World Health Organization (WHO) has released an updated guidance document on pandemic influenza risk management, which includes the Pandemic Influenza Preparedness (PIP) Framework for the sharing of influenza viruses and access to vaccines and ...

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US Supreme Court Rules That Isolated DNA Is Not Patent-Eligible, But cDNA Is Eligible from patlit.blogspot.com

In this morning's 9-0 decision written by Justice Clarence Thomas, the U.S. Supreme Court ruled that isolated human DNA is not eligible subject matter under 35 U.S.C. § 101. Assoc. for Molecular ...

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UK Intellectual Property Office Seeks Comment On Copyright Exceptions from www.ip-watch.org

Draft legislation updating UK copyright exceptions is out for comment, the Intellectual Property Office (IPO) has said. Related Articles:

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Supreme Court Issues Decision in AMP v. Myriad from www.patentdocs.org

By Donald Zuhn -- In a much anticipated decision, the Supreme Court issued its opinion this morning in Association for Molecular Pathology v. Myriad Genetics, Inc. In an opinion by Justice Thomas, joined by Chief Justice ...

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Myriad: Isolated DNA out, cDNA in from www.patentlyo.com

By Jason Rantanen Association for Molecular Pathology v. Myriad (2013) Download 12-398_8njq In an unanimous opinion, this morning the Supreme Court drew a sharp line between isolated DNA (not patentable subject matter) and cDNA [synthetic ...

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ITC Affirms ALJ Bullock’s Finding Of No Violation Of Section 337 In Certain Static Random Access Memories (337-TA-792) from www.itcblog.com

On June 7, 2013, the International Trade Commission (“the Commission”) issued a notice in Certain Static Random Access Memories and Products Containing Same (Inv. No. 337-TA-792).  In the notice, the Commission determined to affirm Chief ...

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Supremes Rule Isolated DNA and Some cDNA Patent Ineligible from www.ipwatchdog.com

You can expect a near complete cessation in many areas of personalized medicine. If creating something in a lab, such as a composite cDNA, does not make the underlying claims patent eligible because what results ...

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First Final Decision by PTAB in CBM Review: Challenged Claims Unpatentable Under Section 101 from docketreport.blogspot.com

The Board issued its final written decision that the patent-at -issue, directed to pricing products and services using hierarchies, was unpatentable under 35 U.S.C. § 101. "[E]ach of challenged claims involves the use ...

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Isolated DNA is not eligible for patent but synthetic DNA is from ocpatentlawyer.com

Today, the U.S. Supreme Court rendered its opinion on AMP v. Myriad on the issue of eligibility of patent protection for isolated DNA and synthetic DNA (i.e., cDNA).  I previously wrote about the ...

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Apple says Samsung has continued importing infringing devices during entire ITC investigation from www.fosspatents.com

Today the public redacted version of Apple's response to the ITC's review questions, including its comments on the public interest, entered the U.S. trade agency's electronic document system (this post continues ...

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UN Human Rights Council Adopts Resolution Promoting Medicines Access from www.ip-watch.org

The United Nations Human Rights Council today adopted a resolution urging governments to encourage technology development and transfer and to apply intellectual property rights measures in ways that avoid creating barriers to trade in “affordable ...

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It’s only natural: Supreme Court say no patents for naturally occurring DNA, but OKs patents for synthetic DNA from ipspotlight.com

The United States Supreme Court issued another blow to patent-eligible subject matter in the United States, ruling that naturally occurring DNA elements are not eligible for patenting. However, the Court softened the blow by confirming ...

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Supreme Court Decides Myriad Gene Patents Case, Holds Isolated Human Genes May Not Be Patented from www.pharmapatentsblog.com

On June 13, 2013, the Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.). In a unanimous opinion authored by Justice Thomas, the ...

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Supreme Court Decides Myriad Gene Patents Case, Holds Isolated Human Genes May Not Be Patented from www.pharmapatentsblog.com

On June 13, 2013, the Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patents case (Association For Molecular Pathology v. Myriad Genetics, Inc.). In a unanimous opinion authored by Justice Thomas, the ...

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MVS Filewrapper® Blog: Supreme Court Addresses Product of Nature Doctrine Relating to Gene Patents from www.filewrapper.com

The Supreme Court today handed down its decision in Association for Molecular Pathology v. Myriad Genetics, Inc.  The Court held that isolated DNA is a product of nature and not patent eligible merely because it ...

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Myriad: Justice Scalia's Concurrence from www.patentlyo.com

By Jason Rantanen Concurring in part and concurring in the judgment in Myriad, Justice Scalia wrote: I join the judgment of the Court, and all of its opinion except Part I–A and some portions ...

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USPTO Instructs Examiners to Reject from www.ipwatchdog.com

USPTO to Examiners: "As of today, naturally occurring nucleic acids are not patent eligible merely because they have been isolated. Examiners should now reject product claims drawn solely to naturally occurring nucleic acids or fragments ...

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Isolated from www.patenthawk.com

9-0, the Supreme Court (12-398) ruled in the Myriad case that isolating DNA was not patentable, but creating DNA was. "In this case, by contrast, Myriad did not create anything. To be sure, it found ...

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