Ariosa asks for en banc rehearing
Sequenom has petitioned the Federal Circuit for an en banc
review of its controversial Ariosa
ruling in June.
An alert from Nutter McClennan & Fish noted that
Sequenom is arguing that its invalidated diagnostic patent
claims were "collateral damage in what is properly a war on
frivolously broad claims directed to things like correlation
tables and actual strands of human DNA."
Sequenom warned that the Federal Circuit’s
ruling "reads recent Supreme Court precedent to create an
existential threat to patent protection for an array of
meritorious inventions" beyond those in the personalized
medicine and diagnostics industries.
The petition predicted that two negative consequences will
result from the ruling if it not reversed. First, researchers
will be encouraged to keep their fundamental discoveries secret
as long as possible, stunting the development of medical
innovations. Second, the uncertainty resulting from the panel's
test will discourage investment, as "neither scientists nor
venture capitalists will see much to gain in basic biomedical
Sequenom said that the panel's ruling was inconsistent with
the Supreme Court’s
It concluded by arguing an en
banc review would be the perfect opportunity for
the Court to establish a "principled line in this difficult
area that is consistent with Supreme Court precedent, continues
to reject patents that purport to claim natural phenomena, and
yet protects truly meritorious patents" from becoming
casualties in the battle of Section 101.
44% of US patent cases filed in TXED
The Electronic Frontier Foundation this week
published a blog
post taking a look at patent litigation in the
Eastern District of Texas.
The EFF’s Daniel Nazer reported that 1,387
cases were filed in the district in the first half of this year
– 44.4% of all US patent cases. "And almost all this
growth is fuelled by patent trolls," noted Nazer.
He provided data from Docket Navigator that shows just how
resistant the district is to granting 101 motions.
Nationwide: 71% granted or partially granted, while 29% are
denied (a total of 76 decisions)
Northern District of California: 82% granted or partially
granted, while 18% denied (11 decisions)
District of Delaware: 90% granted or partially granted,
while 10% denied (10 decisions)
Eastern District of Texas: 27% granted, while 73% denied (11
Nazer commented: "While each challenged patent claim is
different, the overall trend suggests judges in the Eastern
District of Texas are applying Alice in a way that is far more
favourable to patent owners."
Ashley Madison turns to copyright takedowns
After 33 million of Ashley Madison’s user
records were posted online, extramarital dating service has
tried to combat the spread of its database by sending copyright
takedown notices out,
The website sent notices to social networks and file-sharing
"The action, after 33 million user records were posted
online, mirrors the largely-successful attempt to get an
earlier, smaller, leak of user data scrubbed from the
internet," said the UK newspaper. "But this time, the main dump
remains very much online, as the arms race between hackers and
hacked has escalated to include the use of technology such as
peer-to-peer file sharing protocol bittorrent and the anonymous
browsing service Tor."
Some links have been taken down on Twitter and Facebook, and
a Reddit subforum about the dump was removed.
Redskins rematch to be heard in 2016
The appeal of Washington Redskins trade mark case will be
heard next year, after the 4th US Court of Appeals in Richmond
set a December 22 deadline for all briefs to be submitted,
reports The Daily Progress. The plaintiff’s
and defendant’s initial briefs are due in late
Led Zep given date for court gig
Another closely-watched IP case has been scheduled for next
year. A federal judge in Los Angeles has scheduled a trial for
next spring in a copyright dispute over Led
Zeppelin’s Stairway to Heaven,
The estate of Randy California allege the British rock band
copied the opening of the 1971 Track from Spirit’s
1968 song "Taurus", which California wrote.
"Led Zeppelin opened for Spirit when they first came
over here," Francis Malofiy, the estate’s
attorney, told City News Service. "There’s no
doubt Jimmy Page appreciated Spirit on an emotional and musical
level. And, of course, Led Zeppelin has a unique history of
lifting their songs from other sources."
Judge Gary Klausner set a trial date of May 10.
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