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Gene patenting and free software: a breakthrough
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| In reaching his legal conclusions, Judge
| Sweet relied significantly on the recent
| opinion of the Court of Appeals for the
| Federal Circuit, which has primary
| responsibility for interpreting the
| nation's patent law, In re Bilski, 535 F.3d
| 943 (2008), now pending in the Supreme
| Court. Bilski, as readers here will know,
| raises issues concerning the patentability
| of business methods and computer software,
| on essentially the same basic ground: that,
| as the Supreme Court has said, "phenomena
| of nature, though just discovered, mental
| processes, and abstract intellectual
| concepts are not patentable, as they are
| the basic tools of scientific and
| technological work." Gottschalk v. Benson,
| 409 U.S. 63, 67 (1972). Judge Sweet's
| opinion may be said to raise the stakes on
| Bilski slightly, but the parts of the
| Federal Circuit opinion on which Judge
| Sweet relies are not about the "specialized
| machine or transformation of matter" test
| adopted by the Federal Circuit to
| distinguish patentable from unpatentable
| inventions involving computer software and
| methods of doing business. Judge Sweet
| followed the Federal Circuit closely in its
| expression of the settled law of patent
| scope, making it more unlikely that the
| Federal Circuit, which will hear the
| inevitable appeal from Judge Sweet's
| judgment, will be inclined to disturb the
| conclusion.
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http://opensource.com/law/10/4/gene-patenting-and-free-software-breakthrough
Recent:
Have we seen Peak Monsanto?
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| Is it possible that we've reached Peak
| Monsanto?:
|
| Low commodity soybean prices, attractive
| premiums, and rising prices for genetically
| modified soybean seed are leading American
| farmers to plant more acres of non-GMO
| soybeans this year.
|
| Representatives with soybean associations,
| universities, and grain buyers all say that
| demand for non-GMO soybeans is growing,
| leading to more non-GMO acres.
|
| Genetically modified Roundup Ready soybeans
| have taken an increasingly larger percentage
| of U.S. soybean acreage each year since
| their introduction in 1996, reaching 92
| percent in 2008.
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http://gmwatch.org/latest-listing/1-news-items/11981-peak-monsanto
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