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[News] Intellectual Monopolies Now on Breast Cancer and Food

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Bits and Bytes: BRCA Gene Patents

,----[ Quote ]
| Breast Cancer Gene Patent Challenge:
|     * The ACLU, PUBPAT, and others continue their fight against patents 
|     covering the breast cancer genes BRCA1 and BRCA2 held by Myriad and the 
|     University of Utah. The federal lawsuit argues (1) that the genes should 
|     not be patentable as "products of nature" and (2) that the patentee's use 
|     of patent rights to limit scientific research on the genes violates 
|     constitutional First Amendment protections.      


Members Of Human Rights Expert Committee At UN Question Patents On Food 

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| A group of experts working as a think-tank for the United Nations Human 
| Rights Council raised the issue of patents and food at a meeting this week. 
| Meanwhile, a new report by the UN Special Rapporteur on the Right to Food 
| expected to be available at the end of August will focus on the intersection 
| between intellectual property and the human right to food.     


Patent Litigation Weekly: Stanford Researcher Loses at PTO, Still Fights On

,----[ Quote ]
| Patent examiner Deandra Hughes decided that all 66 claims of the 6,188,988 
| patent are, indeed, patentable, despite more than 200 pages of evidence 
| submitted by Shafer and his lawyers. Even though doctors had used databases 
| to help choose therapies to treat various ailments for decades before the 
| first relevant patent application at issue was filed in 1998, Hughes said 
| the '988 patent should be allowed.  Her reasoning: the prior art references 
| didn't distinguish a system with exactly three "knowledge bases." And that 
| distinction aloneâhaving three "knowledge bases"âis a patentable advance, 
| Hughes decided. See Notice of Intent to Uphold the Claims of the '786 patent 
| [PDF].           



The RIAA vs. 19 Year Old Cancer Patient

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| Among the RIAA's latest targets in its campaign to sue its customer base into
| submission is a 19-year-old cancer patient. Ciaro Sauro was ruled a music
| pirate after failing to defend herself in court against charges from the RIAA
| that she was sharing music files online. Ms. Sauro has said she couldn't
| defend herself as she is hospitalized once a week, and vehemently denies the
| allegations that she is a pirate.

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