Updated Report on CW v WARF

Here is an updated report on CW v WARF:

http://ipfrontline.com/2014/06/consumer-watchdog-vs-warf/

This case made some very unfortunate law.
Non-profits cannot challenge a post-grant patent.

Wikipedia Item

There is an interesting, but out of date, analysis of CW vs WARF on Wikipedia.
I'm hoping this will be updated to reflect the decision of SCOUS.

Bad News for CW

In some bad, but not unexpected news: No. 14-516 Title: Consumer Watchdog, Petitioner v. Wisconsin Alumni Research Foundation Docketed: November 4, 2014 Linked with 14A162 Lower Ct: United States Court of Appeals for the Federal Circuit   Case Nos.: (2013-1377)   Decision Date: June 4, 2014 ~~~Date~~~  ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~ Aug 5 2014 Application (14A162) to extend the time to file a petition for a writ of certiorari from September 2, 2014 to October 31, 2014, submitted to The Chief Justice. Aug 8 2014 Application (14A162) granted by The Chief Justice extending the time to file until October 31, 2014. Oct 31 2014 Petition for a writ of certiorari filed. (Response due December 4, 2014) Nov 25 2014 Order extending time to file response to petition to and including January 5, 2015. Jan 5 2015 Brief of respondent Wisconsin Alumni Research Foundation in opposition filed. Jan 15 2015 Reply of petitioner Consumer Watchdog filed. Jan 21 2015 DISTRIBUTED for Conference of February 20, 2015. Feb 23 2015 Petition DENIED.

March Post

KG is still recovering.
Progress is being made.
KG gets to retire the brace before April, but not until after Spring begins.

January

The Kosher Goldfish did not post in January because of a broken vertebrae.  Hopefully a new post will be forthcoming in February.

Gene Patents Fall Again

Hot on the heels of the Myriad decision by the Supreme Court, several companies started performing the tests which Myriad claimed were proprietary, patented processes.
In short order Myriad sued several of them, including Ambry Genetics.
The trial court in the case of Myriad against Ambry held the patents invalid.
Myriad appealed that decision to the high patent court, the Court of Appeals For the Federal Circuit.
Here is the decision of the high patent court slapping down Myriad again.
This is a wonderful turn of events.  For more information, see the previous post

The Empire Loses Again

Today in “Myriad II”, or "The Empire Strikes Back" about the BRCA1- and BRCA2-based Breast Cancer Test Patent Litigation, __ F.3d __ (Fed. Cir. 2014)(Dyk, J.), the panel unanimously affirmed trial court conclusions of invalidity on the basis of lack of patent eligibility under 35 USC § 101.

This is an appeal from the District Court case we reported earlier.
I am startled, but gratified, by this unexpected outcome.