On Monday, July 16, 2012, the Court of Appeals for the Third Circuit ruled that pay-for-delay agreements between branded pharmaceutical companies and generic manufacturers are prima facie evidence of anticompetitive behavior. Continue Reading
Background
On Friday, July 20, 2012, the Court of Appeals for the Federal Circuit will re-hear the case Association for Molecular Pathology, et. al. v. United States Patent and Trademark Office, et. al. This case, involving the patent eligibility of DNA–specifically claims directed at two human genes, BRCA1 and BRCA2, associated with an individual’s susceptibility to breast cancer–has been litigated for three years now and has resulted in fractured rulings and widely varying reasoning.
The first day of the 24th session of the World Intellectual Property Organization (WIPO) Standing Committee on Copyright and Related Rights (SCCR) has gone into full swing with a textual proposal tabled by Ecuador, Peru and Uruguay on limitations and exceptions for educational and research institutions, and a textual proposal submitted by Brazil on L&Es for educational and research institutions.
The live stream audio capture of these proceedings can be found here: http://www.streamtext.net/player?Event=WIPO
The World Intellectual Property Organization (WIPO) has convened the 24th Standing Committee on Copyright and Related Rights (SCCR) which will take place from 16 July 2012 to 25 July 2012 at its headquarters in Geneva, Switzerland. Ambassador Darlington Mwape (Zambia) is chairing the 24th SCCR. The morning session of the SCCR witnessed opening remarks by group coordinators. The following statement was delivered by Egypt on behalf of the African Group.
Posner’s dismissals of the patent infringement suits in Apple versus Motorola cites eBay and compulsory licensing
On 22 June 2012, Judge Richard Posner, dismissed with prejudice the patent infringement suits filed in Apple Inc. and NEXT Software, Inc. v Motorola, Inc. and Motorola Mobility, Inc. in the United States District Court for the Northern District of Illinois (Eastern Division). In this case, the judge cited the eBay decision noting that neither party was entitled to injunctive relief as neither party demonstrated that “damages would not be an adequate remedy”. Continue Reading
KEI notes on the 13th round of TPPA negotiations in San Diego, CA
The 13th round of negotiations for the Trans-Pacific Partnership Agreement (TPPA) took place in San Diego, CA, USA from 2-10 July 2012.
Notes on Intellectual Property
Leahy on patent trolls, licensing on reasonable terms
In a May 9, 2012 hearing in the Senate Judiciary Committee on oversight of the intellectual property enforcement coordinator, Senator Leahy asked Victoria Espinel about patent trolls, and failures to license patents on reasonable terms to achieve interoperability where standards are important. Leahy asked Victoria Espinel to work with USDOJ’s antitrust officials to deal with abuses by patent holders in both cases.
1 KEI Files Brief in Kirtsaeng v John Wiley & Sons (copyright first sale doctrine case)
Today, July 9, 2012, Knowledge Ecology International (KEI) filed an amicus brief in the Supreme Court of the United States in support of neither party in the case Kirtsaeng v. John Wiley & Sons.
Continue Reading WIPO text-based negotiations on an instrument to protect traditional cultural expressions (9 July 2012-13 July 2012)
The World Intellectual Property Organization (WIPO) is convening the 22nd session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore from 9 July 2012-13 July 2012. The 22nd session will deliberate over draft articles relating to the protection of traditional cultural expressions contained in document (WIPO/GRTKF/IC/22/4). These discussions are guided by the mandate of the Fortieth Session of the WIPO General Assembly which states:
1 European Parliament votes 478 to 39 to reject ACTA
The vote to reject a delay of the final ACTA vote was 420 Vs 255, followed by the rejection of ACTA by a vote of 478 to 39.
KEI Director James Love statement:
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