ALDF Revisited

A new opportunity has arisen to overturn ALDF v Quigg, the case testing the validity of  patents on all non-human animals.

Prolume v Gentarget et al.is outlined below:

Infringement	Court : U.S. District Court for the Southern District of California
Presided by: William Q. Hayes	Civil Action No: 3:13-cv-00130-WQH-BLM
Defendant(s) : 1. Gentarget, Inc. 2. Genprice, Inc. 3. Amsbio LLC 4. BST Scientific PTE LTD 5. Gentaur Molecular Products BVBA 6. Filgen Biosciences, Inc. 7. Does 1 through 10, Inclusive	Plaintiff(s) : Prolume, LTD. — represented by Law Offices of Philip J Kaplan; Los Angeles, CA Attorneys: Philip Jeremy Kaplan
Patent(s) in Suit :
6,232,107	Luciferases, fluorescent proteins, nucleic acids encoding the luciferases and fluorescent by Bryan et. al.
7,109,315	Renilla reniformis fluorescent proteins, nucleic acids encoding the fluorescent proteins by Bryan et. al.

The lawsuit reeks of the the "indicia of extortion."

Additionally since the patents claim animal genes (aquatic life) a defense might be the invalidity of patents for the reasons argued by ALDF against then-Commissioner Donald Quigg, supporting the Patent Office.  For details see the post on my blog: (http://www.koshergoldfish.com/ethics_of_biotechnology.html)

"Other Peoples Bodies."

http://www.lulu.com/shop/arthur-gershman/other-peoples-bodies/hardcover/product-20292057.html

GenTarget Inc, 6640 Lusk Blvd. Suite A107, San Diego, USA(858)678-8683

Interesting SCOTUS Blog post

http://www.scotusblog.com/2013/02/nothing-under-the-sun-that-is-made-of-man/

The author concludes:

" In any case, if the law’s prior treatment of human-related inventions is a reliable guide, it is likely that human gene patents will soon be history."

Watson Brief before the Supreme Court

http://www.wileyrein.com/newsroom.cfm?sp=newsreleases&id=810

The brief is at the end of the article.

Oral Argument set for Monday, April 15, 2013

     

No. 12-398 Title: Association for Molecular Pathology, et al., Petitioners v. Myriad Genetics, Inc., et al. Docketed: October 1, 2012 Lower Ct: United States Court of Appeals for the Federal Circuit   Case Nos.: (2010-1406)   Decision Date: August 16, 2012 Questions Presented ~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~ Sep 25 2012 Petition for a writ of certiorari filed. (Response due October 31, 2012) Oct 3 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. Oct 24 2012 Brief amici curiae of National Women's Health Network, et al filed. Oct 26 2012 Brief amicus curiae of Academics in Law, Medicine, Health Policy and Clinical Genetics filed. Oct 30 2012 Brief amicus curiae of AARP filed. Oct 30 2012 Brief amici curiae of Cancer Council Australia, et al. filed. Oct 31 2012 Brief of respondents Myriad Genetics, Inc., et al. in opposition filed. Oct 31 2012 Brief amici curiae of Kali N. Murray and Erika R. George filed. Oct 31 2012 Brief amici curiae of Canavan Foundation, et al. filed. Oct 31 2012 Brief amici curiae of American Medical Association, et al. filed. Nov 9 2012 Reply of petitioners Association for Molecular Pathology, et al. filed. Nov 13 2012 DISTRIBUTED for Conference of November 30, 2012. Nov 30 2012 Petition GRANTED limited to Question 1 presented by the petition. Jan 2 2013 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. Jan 3 2013 The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 24, 2013. Jan 3 2013 The time to file respondents' brief on the merits is extended to and including March 7, 2013. Jan 24 2013 Joint appendix filed. (2 volumes) Jan 24 2013 Brief of petitioners Association for Molecular Pathology, et al. filed. Jan 28 2013 Brief amicus curiae of Juhasz Law Firm, P.C. in support of neither party filed. Jan 29 2013 Brief amici curiae of American Medical Association, et al. filed. Jan 30 2013 Brief amici curiae of GeneDx and Law Professors filed. Jan 30 2013 Brief amici curiae of National Women's Health Network, et al. filed. Jan 30 2013 Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle in support of neither party filed. Jan 31 2013 Brief amicus curiae of CLS Bank International in support of neither party filed. Jan 31 2013 Brief amicus curiae of United States in support of neither party filed. Jan 31 2013 Brief amici curiae of International Center for Technology Assessment, et al. filed. Jan 31 2013 Brief amicus curiae of Genformatic LLC filed. Jan 31 2013 Brief amici curiae of Academics in Law, Medicine, Health Policy and Clinical Genetics in support of neither party filed. Jan 31 2013 Brief amicus curiae of James D. Watson, Ph.D. in support of neither party filed. Jan 31 2013 Brief amici curiae of Fifteen Law professors filed. Jan 31 2013 Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed. Jan 31 2013 Brief amicus curiae of AARP filed. Jan 31 2013 Brief amici curiae of Kali N. Murray and Erika R. George filed. Jan 31 2013 Brief amicus curiae of Institute of Professional Representatives Before the European Patent Office (EPI) in support of neither party filed. Jan 31 2013 Brief amici curiae of Ethics & Religious Liberty Commission of the Southern Baptist Convention and Prof. D. Brian Scarnecchia filed. Jan 31 2013 Brief amicus curiae of Eric S. Lander in support of neither party filed. Jan 31 2013 Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. Jan 31 2013 Brief amici curiae of Canavan Foundation, et al. filed. Jan 31 2013 Brief amicus curiae of Professor Eileen M. Kane filed. Jan 31 2013 Brief amicus curiae of Knowledge Ecology International filed. Jan 31 2013 Brief amicus curiae of InVitae Corporation filed. Feb 11 2013 SET FOR ARGUMENT ON Monday, April 15, 2013 Feb 14 2013 CIRCULATED

Sick as a dog

I apologize for not posting since mid-December.  I have been sick as a dog since Christmas eve an am only now completely recovered.
Please expect new posts soon.