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Court Shoots Down Patents on Human Gene Sequences
Patent Law | 2010/04/02 09:15

A federal judge on Monday struck down patents on two genes linked to breast and ovarian cancer. The decision, if upheld, could throw into doubt the patents covering thousands of human genes and reshape the law of intellectual property

United States District Court Judge Robert W. Sweet issued the 152-page decision, which invalidated seven patents related to the genes BRCA1 and BRCA2, whose mutations have been associated with cancer.

The American Civil Liberties Union and the Public Patent Foundation at the Benjamin N. Cardozo School of Law in New York joined with individual patients and medical organizations to challenge the patents last May: they argued that genes, products of nature, fall outside of the realm of things that can be patented. The patents, they argued, stifle research and innovation and limit testing options.

Myriad Genetics, the company that holds the patents with the University of Utah Research Foundation, asked the court to dismiss the case, claiming that the work of isolating the DNA from the body transforms it and makes it patentable. Such patents, it said, have been granted for decades; the Supreme Court upheld patents on living organisms in 1980. In fact, many in the patent field had predicted the courts would throw out the suit.



NY court revives Tiffany's false ad claim vs. eBay
Court Watch | 2010/04/02 08:15
EBay Inc. might be violating false-advertising laws if it does not warn consumers that some items billed as upscale jeweler Tiffany Co.'s products by sellers on its Web site are not authentic, a federal appeals court said Thursday.

But online auction site operator eBay won significant victories in rulings by the 2nd U.S. Circuit Court of Appeals that said it did not engage in trademark infringement or trademark dilution in its use of jeweler Tiffany & Co.'s trademarks. Those rulings upheld the findings of a lower court judge.

Tiffany sued eBay in 2004, saying eBay engaged in trademark infringement, trademark dilution and false advertising because most items that sellers list for sale as genuine Tiffany products on its sites were fakes.

The appeals court left in place a finding by the lower court that eBay did not violate false advertising laws but returned the case to the judge to consider that issue again.

The three-judge panel said in its written ruling that it had difficulty with the lower court's reliance in its ruling on eBay's assertions that it did not know which listings offered counterfeit Tiffany goods. The 2nd Circuit noted that eBay advertised the goods sold through its site as Tiffany merchandise.



Microsoft Dealt Another Blow in i4i Case
Venture Business News | 2010/04/02 03:16

Microsoft on Thursday lost its bid for an en banc appeal in a patent case against i4i.

The Federal Circuit Court of Appeals refused Microsoft's request to hear the case with a full panel of judges. The case stems from a battle over an XML editor in Word, which i4i said infringed on one of its patents.

"We're disappointed with the decision," Kevin Kutz, director of public affairs for Microsoft said in a statement. "As far as next steps, we continue to believe there are important matters of patent law that still need to be properly addressed, and we are considering our options for going forward."

Loudon Owen, chairman of Toronto-based i4i, said the company "is delighted by this ruling."



Officer expected to plead guilty in Katrina probe
Court Watch | 2010/04/02 03:16
A third New Orleans police officer charged in a cover-up of a deadly shooting by police in the aftermath of Hurricane Katrina is expected to plead guilty, a person familiar with the case said Tuesday.

A filing Tuesday in U.S. District Court charges the officer, Michael Hunter, 33, of Slidell, with one count of conspiracy to obstruct justice and one count of misprision of a felony.

The charges are part of a deal under which Hunter has agreed to help in the investigation of a cover-up after police shot six people — killing two — at the Danziger Bridge in September 2005, according to the person familiar with the case, who was not authorized to discuss it and spoke on condition of anonymity.

Hunter is scheduled to make his initial court appearance on April 7. He faces a possible maximum sentence of eight years in prison and a $500,000 fine. Townsend Myers, a lawyer for Hunter, wouldn't immediately comment.

Hunter remains on the force, but he is assigned to desk duty. Police spokesman Bob Young said Tuesday that Hunter was expected to resign before pleading guilty.

Michael Lohman, a retired lieutenant, and Jeffrey Lehrmann, a former detective, earlier pleaded guilty to participating in the cover-up.



Atlanta Law Firm Gets $700 Million Award for Chevron
Law Firm News | 2010/04/01 15:53

Atlanta law firm King & Spalding LLP has won a $700 million judgment for Chevron Corp. in an arbitration between the energy giant and the government of Ecuador.

An international tribunal ruled that Ecuador must pay damages for delaying court rulings on commercial disputes with Chevron subsidiary Texaco Petroleum Co. for more than a decade.

The ruling by the Permanent Court of Arbitration in The Hague resolves some Texaco claims against the Ecuador government dating as far back as 1991.


The court determined that by refusing to rule on Texaco's claims, Ecuador violated international law by breaching an investment treaty with the United States.

The $700 million in damages includes principal and interest dating to Dec. 22, 2006, when Chevron and Texaco initially filed the arbitration. Further hearings will determine whether Ecuador owes more for taxes, interest and costs.

Chevron and other energy companies have additional arbitration actions pending against the Ecuador government. 



Daimler bribes: a blown chance to clean up its act
Business | 2010/04/01 10:51
At a 1999 meeting in Germany, board members at Daimler, one of the world's largest vehicle manufacturers, took a step that could have saved the company the trouble it will face in a U.S. courtroom on Thursday.

Before a federal judge, Justice Department prosecutors will lay out the dirty laundry of the company best known for its elegant Mercedes-Benz autos: a pattern of bribery that for many decades has helped fuel the company's sales and illicitly added millions of dollars to its profits. As a result, the company has agreed to pay $185 million in fines.

According to court papers filed March 24, the company's board 11 years ago adopted an integrity code with anti-bribery provisions. The problem is, Daimler failed to enforce it; many Daimler executives actively resisted it, and improper payments continued until 2008.

The court papers provide a case study of how executives at one of the world's blue chip companies responded when governments said "no" to bribery.

Of course, Daimler, through its subsidiaries, is hardly the first corporate giant to be caught paying off foreign officials to get contracts.

In December 2008, for example, engineering company Siemens AG agreed to pay more than $1 billion in fines in Germany and the U.S. after being accused of bribing officials with suitcases stuffed with money.

Ten years earlier, Germany ratified an international anti-bribery agreement; an implementing law took effect in early 1999.



IP Partner Russ Hill Joins Sheppard Mullin
Legal Careers News | 2010/04/01 09:56

Russell B. Hill has joined the Orange County office of Sheppard, Mullin, Richter & Hampton LLP as a partner in the firm's Intellectual Property practice group.  Hill most recently practiced at Howrey in Irvine. 

Hill specializes in patent litigation and trials.  He has tried patent cases before the International Trade Commission and in federal district courts, and has conducted several successful appeals to the Federal Circuit.  Hill's technical expertise lies in electronic systems and controls.  He gained this expertise as an aviation radar and RF communication systems chief in the Marines.  Hill has also taught undergraduate mathematics and electronics courses as an adjunct professor.  Hill also has extensive transactional and general counseling experience.  He has successfully formed joint ventures, and negotiated and structured a wide range of domestic and international deals. 

"Russ joins us with an impressive practical and academic background.  His practice is firmly rooted in electrical engineering and the electronic arts, though he also represents clients in a variety of biotechnology, software and mechanical process patent disputes and licensing campaigns.  With Russ, our patent litigation team continues to expand to adeptly handle high-stakes technology matters across a variety of technical disciplines," said Guy Halgren, chairman of the firm. 

"I look forward to joining Sheppard Mullin, a top-notch full service firm with a strong footprint in Orange County, and a solid nationwide presence and reputation," Hill commented.  "I am impressed with the firm's IP practice, the group's successful growth in recent years and firm management's dedication to growing it even further.  I'm excited to be part of a partnership that is transparent and open, which fosters both a collegial culture and an entrepreneurial spirit." 

"Russ is a great fit for us.  He is obviously a well respected patent litigator, but also a quality person.  Russ adds significantly to our patent litigation team and brings a formidable expertise in electrical engineering.  His background complements our patent litigation expertise in Orange County, and supplements our existing EE expertise firmwide," said Carlo Van den Bosch, co-chair of the firm's Intellectual Property practice group. 

Hill’s clients include Electronics for Imaging, Lenovo, Magnecomp and TDK.  Hill received a J.D., Order of the Coif, from University of California, Berkeley, School of Law (Boalt Hall) in 1997, a M.A. from Baylor University, a B.A. summa cum laude, from Chapman University, and a B.S. in Electronics Engineering Technology from Grantham University. 

Sheppard Mullin has 60 attorneys based in its Orange County office.  The firm's Intellectual Property practice group includes 70 attorneys firmwide. 



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