Would Australia Go Back And Reject ACTA?

Supreme Court Sends Case On Gene Patents Back To Appeals Court Following Rejection Of Diagnostic Patents

from the rethink-that-please dept

Mon, Mar 26th 2012 8:03pm — Mike Masnick

As we expected, following the Supreme Court's excellent rejection of medical diagnostic patents, it's now set aside the appeals court's ruling upholding gene patents, and asked the appeals court to review the case in light of its ruling last week. Again, this is not a surprise, but it's good that the court so quickly recognized that the two cases have similar issues, and that the appeals court ought to revisit the Myriad (gene patents) ruling so quickly. Hopefully, CAFC (the appeals court in question) will come to its senses and recognize that you can't patent genes. Either way, no matter what CAFC decides, expect that to also be appealed right back to the Supreme Court.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: appeals court, cafc, diagnostic patents, dna, gene patents, genes, patents, remand, supreme court
Companies: mayo clinic, myriad genetics, prometheus laboratories

14 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Watchit (profile), 26 Mar 2012 @ 8:49pm

Finally!
Finally, some common sense! The US is in desperate need of it these days...
[ link to this | view in thread ]
Anonymous Coward, 26 Mar 2012 @ 9:25pm

Re: Finally!
but how are Techdirt shills going to get paid if their corporate masters require common sense of them?
[ link to this | view in thread ]
Anonymous Coward, 26 Mar 2012 @ 9:25pm

To to start hacking biotechnology.

Chemistry Lesson - 1 - What is Chemistry?
[ link to this | view in thread ]
Anonymous Coward, 26 Mar 2012 @ 9:26pm

Re: Re: Finally!
The poor minimum wage shills will starve! Think of the shills!!!
[ link to this | view in thread ]
Anonymous Coward, 26 Mar 2012 @ 9:28pm

Junk Patent Problem
The junk patent problem will be with us for as long as the patent system continues to exist. The USPTO arm of the US government is foolishly writing out tickets to go to court (patents) which can then be used to run extortion shake-downs on any company which is making anything. Smart lawyers have realised that in order to get a patent they do not actually have to invent anything. They just have to claim to have invented some existing thing, in an obscure and confusing manner, using non-standard terminology. That is enough to get a patent granted.

Being a patent troll is profitable. Patents are also widely used by some companies to harass or block commercial competitors. So there is a huge financial motive to play the game. This has been going on for over 200 years. The patent bar does not even want to try to fix the patent system, they are making too much money from it. Abolition is the answer.

The patent scam has a chilling effect on entrepreneurship, then on jobs. Why would someone take the risk of starting a business, when they know they are going to get hit with a patent infringement lawsuit? Hold your political candidates accountable for job-destroying laws which they allow to stay on the books.
[ link to this | view in thread ]
Anonymous Coward, 26 Mar 2012 @ 10:55pm

anything functional can be patented, silly goose

like that wheel thing? I patented it earlier under 'roundy rolling device which is meant to transport loads under an axle'. When it expires I'll just patent it again under 'device which has a radial measurement of 2*pi which rotates under the force exerted upon it'.

You could buy my competitions carts and cars if you enjoy hexagonal wheels. It's clearly just the free market at work and you freetards are ruining progress.
[ link to this | view in thread ]
G Thompson (profile), 26 Mar 2012 @ 11:13pm

Re:
Don't buy from this roundy person.. You should all buy my new and improved rolling devices that are in the shape of a Megagon.

Who cares if the perimeter is only 2000000sin(pi/1000000), it has 1 million sides !. One MILLION!!! Totally better than just 1.. One million times better!

Now just need to patent "many sided polygon used to compete with one sides rolling device that might for all intensive purposes look one sided but in fact isn't"
[ link to this | view in thread ]
quo vadis, 27 Mar 2012 @ 12:47am

Re: Re: Re: Finally!
Like many others your use of the word 'shill' and or 'shills' makes no sense, you really ned to understand words and their meanings before attempting to use them, not simply use them as they appear to become popular.

Thus, you are a 'Twat'
[ link to this | view in thread ]
Watchit (profile), 27 Mar 2012 @ 12:48am

Re: Re: Re: Finally!
The only obvious explanation is that Google has finally taken over the government, and that their first plan of action is to turn Techdirt into a government subsidized propaganda mill to indoctrinate us in the tenets of Google-ism!

"Don't be evil" was such an obvious ruse! why did we not see it before!
[ link to this | view in thread ]
G Thompson (profile), 27 Mar 2012 @ 2:02am

Re: Re: Re: Re: Finally!
you really ned to understand words and their meanings before attempting to use them

Whom be this Ned person thou speak of?
[ link to this | view in thread ]
TDR, 27 Mar 2012 @ 7:15am

If only the right of appeal could be denied so that these endless cases could finally end and not continually bog dodwn the system all the time. It's because people and companies are appealing the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of the appeal of their case that this happens.
[ link to this | view in thread ]
Al Bert (profile), 27 Mar 2012 @ 4:47pm

Re: Re:
prepare to be sued by tire manufacturers everywhere
because you're infringing on tread patents by introducing discontinuities into the periphery of a "cylindrical device intended for the purpose of rolling"
[ link to this | view in thread ]
G Thompson (profile), 27 Mar 2012 @ 10:25pm

Re: Re: Re:
Who said it was going to be cylindrical, or even 3 dimensional.. 4 Dimensions are the way to go..

I'll Patent the multi-verse! Muwahahahahahaha
[ link to this | view in thread ]
Anonymous Coward, 22 Apr 2012 @ 6:41pm

Brown and dim eco-friendly pieces might be donned only inexpensive Oakley Frogskin Sunglasses contacts function the colour is saying there is not significantly romantic relationship among the UV400 generally additional a layer of membrane. As for what colour to put on contacts which are generally aesthetic and every person�s pores and skin color, inexpensive replica oakley sunglasses clothes donned through the problem, Cheap Oakley Frogskin Sunglasses is incredibly fundamental with the summer，because it safeguards the eye balls loads of pals with the Oakley sunglasses of choice, generally far more interest could be the product or service price, good quality and design and so, in fact, the option of sunglasses lens colours are also incredibly important. So, what colour is generally a very good inexpensive Oakley sunglasses Statistics display that most folks commonly select dark font size="+2.415">Oakley Frogskin Sunglasses Outlet frame shade mainly because of fake Oakley sunglasses can withstand the path to keep away from the expression of mild reflected back again from your drinking water or light, or other conditions arising from your reflection, inexpensive Oakley sunglasses to provide the driver a obvious visual experience.Believe this could be the greatest question. Indeed, now for the industry sunglasses lens colours multi-colored and dazzling, colour will not harm inexpensive Oakley Frogskin Sunglasses Sale you to definitely carry a diverse feel. Brown University: Brown college recognized Oakley Outlet low cost as the most effective sunglasses contacts in color.Cheap Oakley Sunglasses far more designer. oakley sunglasses outlet far more artist new Oakley sunglasses.
[ link to this | view in thread ]