In a major patent ruling today, the Supreme Court of the United States issued a unanimous decision in Mayo v. Prometheus Laboratories. The case, heard twice before the Federal Circuit (once before the Supreme Court’s ruling in Bilski and once after), has been closely followed because of its impacts on personalized medicine and potential implications for the Myriad Genetics case on the BRCA genes. The Supreme Court reversed the Court of Appeals for the Federal Circuit and held that Prometheus’ patents-at-issue were not eligible for patent protection.
Sally Susman of Pfizer leads the most lethal lobbying effort on drug patents and prices. She’s also a big Obama campaign fundraiser.
For several years, Pfizer has been considered a hardliner among big pharma companies on international negotiations over intellectual property rights and drug pricing. This has not changed despite the company having had three CEOs in the past five years.
The following information is taken directly from the World Trade Organization’s dispute settlement web page which reports that on 13 March 2012, Ukraine requested consultations with Australia under the WTO’s dispute settlement system with respect to Australia’s Tobacco Plain Packaging Bill 2011 which the WTO website noted imposes “trademark restrictions and other plain packaging requirements on tobacco products“.
This annotated bibliography of (mostly scholarly and technical) articles and books on innovation prizes is a work on progress. In the past few years, there has been an explosion of research on innovation inducement prizes, much of which has yet to be added to this list. People who want to suggest citations, annotations or corrections can send a note to james.love@keionline.org. More on prizes here: /prizes
The India Controller General Controller General of Patents, Designs & Trade Marks has just (March 12, 2012) issued an order granting a compulsory license to patents on the cancer drug sorafenib/Nexavar, in the matter of NATCO Vs. BAYER. A copy of the decision is attached below.
This intervention was delivered by India at today’s WTO Council for TRIPS during discussions of agenda item “N” on IP Enforcement Trends. The statement raises India’s concerns with plurilateral agreements like ACTA and TPPA and their potential impacts on public health, international exhaustion, border measures and digital goods and internet freedom.
IP Enforcement Trends
(TRIPS council Feb 28, 2012)
Written comments of Knowledge Ecology International (KEI) regarding the World Intellectual Property Organization’s Taxonomy Analytical Study for the Project on Open Collaborative Projects and IP-Based Models (CDIP/8/INF/7)
On February 16, 2012, the USPTO held a public hearing on genetic diagnostic testing, permitting stakeholders to present their views relating to DNA patents, exclusive licensing, patient health and genetic testing, particularly as they relate to secondary or confirmatory genetic diagnostic testing. Notes from the hearing and speaker statements are included below. KEI’s oral statement can be found here.
In a meeting with USTR on February 15, 2012, KEI, MSF, Oxfam and Public Citizen pressed USTR to release the negotiating text for the intellectual property rights chapter in the TPPA trade agreement negotiation. USTR said the negotiation had “unprecedented” transparency, but maintained the text needed to be secret from the general public. USTR also claimed than no one on its many advisory boards, who are cleared to see the negotiating text, were lobbyists.
