7th December, 2009

CHINA, EUROPE AND USA IN THE COPYRIGHT PROTECTION DISCUSSION ROW

On November 18 and 19 National Copyright Bureau of China arranged an international symposium on copyright protection in Wuhan, China. From China Yan Xiaohong (Vice Director of the General Administration of Press and Publication (GAPP), from Europe Michael Pulch (Deputy Head of the Delegation of the European Commission) gave their speech to stringent the copyright law and enforcement in China as well as to prevent the online copyright piracy. There were hundreds of officers, judges, lawyers, experts and scholars to make a discussion over publication, design, music, films, broadcasting, and software in the internet arena.

WE KNOW WHERE YOU ARE!

An interesting and useful invention claiming an integrated system of hardware and software titled “Integrated information processing system for geospatial media” helps to locate your presence globally.  It works on a mechanism that converts the readings of latitude, longitude, & altitude data into a "single discrete all-natural number." The invention highlights an integrated system constitutes specialized equipment modules for the processing of media information.

USPTO TO ACCESS INDIAN TRADITIONAL KNOWLEDGE LIBRARY

The Government of India has announced that the patent examiners of USPTO will have the access to a new digital database containing the compiled data of Indian traditional knowledge digital library. It was indeed a useful effort as for USPTO the information is required for the procedure of patent filing in traditional knowledge. Although a US patent on traditional knowledge will not stop indigenous peoples using the knowledge, it will only prevent using that knowledge in the US to make, use, sell, and offer for sale or import products that may violate the issued patent. The access to this library will prevent the misuse and unauthorized exploitation of traditional knowledge of indigenous peoples in US, thus controls the patenting activity related to traditional knowledge in US.

SAMSUNG, LG BRACE UP LEGAL TEAMS

Leading electronics companies of South Korea are introducing new measures to protect their technology to guard against patent abuse. Since 2005 Samsung Electronics has increased the number of its patent expert workforce from 300 to 550. LG Electronics is preparing to increase its patent staff while LG Display is also reviewing the possibility of expanding its legal affairs facility.

Samsung Electronics has been involved in a patent war with Rambus regarding microchips. The company is facing litigation with Japan's Sharp in flat-screens and Finland's Nokia in mobile phones. The Federation of Korean Industries (FKI) mentions that 70 percent of the companies surveyed by them expected to receive claims by patent trolls in the near future, with 20 percent already been sued. While past disputes were focused against local information technology companies, patent trolls have started to expand their operations into the auto trade, ship building and steel, and could spread to the energy and bio-tech areas in the future.

USPTO APPROVES DCVAX CANCER VACCINE MANUFACTURING PROCESS PATENT

The USPTO has allowed the patent application of Northwest Biotherapeutics (NWBT), Inc. for the automation system of the manufacture of its DCVax® therapeutic cancer vaccines.

This US patent maintains NWBT's very high levels of dendritic cells, which are the vital components in the DCVax®. The dendritic cells activate the entire immune system including T cells, B cells and the antibodies they produce and natural killer cells. The automated system maintains high levels of dendritic cells in DCVax® and it can separate the desired cells from the other kinds of cells in a patient's blood.

The FDA has cleared the use of NWBT's automated system for clinical trials on humans. The Investigational New Drug applications (INDs) which have been cleared by the FDA for five different cancers include use of the automated system in the manufacturing process for DCVax®. Automation of the initial stages of manufacturing DCVax® reduces the costs involved, including the labor costs.

KNEE-JOINT PATENT MADE INVALID

A patent for a knee joint held by Mahwah-based Howmedica Osteonics Corp is adjudged invalid by a

 Federal judge in Trenton because a patent for a similar design had been issued earlier.

This ruling indicates the end of the nine-year battle by Howmedica to prove that its patent was violated by a rival Wright Medical Technology Inc. of Tennessee. Howmedica cla, a subsidiary of Stryker Corp. of Kalamazoo, Mich., had claimed in a law suit in 2000 that Wright has violated a patent issued to Howmedica in 1998. But the design was first patented by an employee of a Torrance, Calif., teaching hospital in 1992 as Judge Garrett E. Brown has mentioned in the ruling. Howmedica accused Wright Medical of violating the patent by making, using and selling joints with Howmedica’s design, without any authorisation.

BLACKBERRY-MAKER RIM IN A PATENT INFRINGEMENT CASE IN US

BlackBerry-maker Research In Motion (RIM) is again in another patent-infringement complaint related to its handhelds and associated software. This may lead to BlackBerry devices and other RIM products being banned from U.S. stores shelves and online storerooms.

Prism Technologies has filed a U.S. International Trade Commission (ITC) complaint against RIM, claiming its BlackBerry Enterprise Solution, a RIM wireless authentication system violates Prism patents. RIM was recently sued by another patent-holding firm, Klausner Technologies, for infringing its visual voicemail-related patents in its new BlackBerry Bold 9700 smartphone. RIM had paid the largest settlement of $612.5 million in history related to patents back in 2006, in a patent suit with patent-holding firm NTP. RIM had paid more than a quarter of a billion dollars to Visto to settle a patent dispute earlier this year.

ACMG SUPPORTS SACGHS RECOMMENDATIONS ON GENE PATENTING

The American College of Medical Genetics (ACMG) has been reiterating for a long time that genes are products of nature, and should not be patentable as such. The recommendations of the Secretary's Advisory Committee on Genetics Health and Society (SACGHS) recognize that gene patenting is creating trouble both in access to genetic testing and in insuring the quality of genetic testing. SACGHS has sought a solution to protect investments in therapeutic development and to provide access to high quality genetic testing.

The SACGHS has recommended that the exemptions from liability for infringement of gene patents afforded to the practice of medicine be extended to gene patents used in diagnostic testing. Dr. Bruce Korf, the president of ACMG, mentions that the practice of gene patenting and exclusive licensing creates monopolies that suppress innovation which is just the opposite of what patents are supposed to promote.