Michael Froman’s decision in the Apple/Samsung ITC patent dispute and the USTR trade agenda

froman.jpgOn Saturday, August 3, 2013, USTR head Ambassador Michael B. G. Froman wrote to the Chairman of the U.S. International Trade Commission (ITC), to “disapprove the USITC’s determination to issue an exclusion order and cease and desist order” for Apple Inc. “smart phones and tablet computers that infringe a U.S. patent owned by Samsung Electronics,” in the ITC Investigation No. 337-TA-794. Continue Reading

WTO teams up with South Africa’s Department of Trade and Industry, WHO and WIPO to convene workshop on IP and public health

On 7-8 August 2013, the Department of Trade and Industry (the DTI), Republic of South Africa and the World Trade Organization (WTO), in close collaboration with the World Health Organization (WHO) and the World Intellectual Property Organization (WIPO) will hold a National Workshop on Intellectual Property and Public Health in Pretoria. Leading experts from these intergovernmental organizations, Roger Kampf (WTO), Dr. Continue Reading

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2013 July 12, Senator Leahy (D-VT) Requests March-In To Ensure Availability of Genetic Testing for BRCA Mutations

On 12 July 2013, Senator Leahy (D-VT), Chair of the Senate Judiciary Committee requested that the NIH exercise its march-in rights under the Bayh-Dole Act to promote genetic testing for BRCA mutations that are associated with a person’s risk for breast and ovarian cancer. In June, the Supreme Court of the United States unanimously ruled that isolated DNA is not patentable, and immediately afterward, other companies stated they would provide BRCA testing. Continue Reading

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SCOTUS rules in 5-3 opinion that pay-for-delay settlement agreements are not immune from antitrust scrutiny

On Monday, 17 June 2013, the Supreme Court of the United States released its opinion in Federal Trade Comm’n v. Actavis (formerly captioned as FTC v. Watson Pharmaceuticals, Inc.). The decision, with a 5-3 split, found that pay-for-delay settlement agreements are unusual, raising concerns of anticompetitive behavior, and are not immune from antitrust scrutiny. Continue Reading

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Four Department of State cables on Thailand, for Special 301 Review (Years 2009 to 2011)

The following are four US Department of State cables discussing the status of Thailand as regards the USTR Special 301 review. KEI recently received the cables from the US Department of State in response to an earlier FOIA request.

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DG Trade’s May 17, 2013 briefing on the IP Chapter of the TTIP

TTIP Briefing 20130517On May 17, 2013, DG trade held a public briefing on the IP Chapter for the TTIP and the E/Japan trade agreement. The TTIP discussion was led by Pedro Velasco Martins, the Deputy Head of Unit for Intellectual Property and Public Procurement. Unlike some recent USTR briefings, which were off-the-record, this was on-the-record meeting, and DG Trade even displayed a suggested twitter hash tag.

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