Wednesday, July 19, 2017

How to make sure we all benefit when nonprofits patent technologies like CRISPR; The Conversation via The Associated Press via WTOP, July 19, 2017

The Conversation via The Associated Press via WTOP; How to make sure we all benefit when nonprofits patent technologies like CRISPR

"(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)
Shobita Parthasarathy, University of Michigan
(THE CONVERSATION) Universities and other nonprofit research institutions are under increasing fire about their commitments to the public interest. In return for tax-exempt status, their work is supposed to benefit society.
But are they really operating in the public interest when they wield their patent rights in ways that constrict research? Or when potentially lifesaving inventions are priced so high that access is limited? The public partially underwrites nonprofit discoveries via tax breaks and isn’t seeing a lot of benefit in return.
Questions like these arose recently in the case of CRISPR, the promising new gene-editing technology. After patenting it, the Broad Institute of MIT and Harvard sold the exclusive right to develop CRISPR-based therapies to its sister company Editas Medicine. Critics worry that this monopoly could limit important research and result in exorbitant prices on emerging treatments."

Apple has invented a way to secretly call 911 using your fingerprint; CNBC, July 18, 2017

, CNBC; Apple has invented a way to secretly call 911 using your fingerprint

"Apple  has invented a more discreet way to call emergency services with a touch, aimed at helping users evade potential attackers.

A patent granted on Tuesday depicted technology that would sense the "manner" in which a finger touched the iPhone screen to trigger a 911 call. For example, the phone might look for a particular sequence of fingers, the level of force, a gesture (pinching or swiping), or a certain cadence of taps to the screen, the filing says.

When the "panic command" is activated, the phone would provide the users' location to responders, and could also livestream audio or video from the iPhone. The system could also be used to activate other types of mobile command, according to the patent."

Tuesday, July 18, 2017

OUT FOR A SIP - FRIGGIN' BUDDY v COKE - OFFICIAL VIDEO; YouTube, July 11, 2017

Brendan (B.Rich) Richmond, YouTube; OUT FOR A SIP - FRIGGIN' BUDDY v COKE - OFFICIAL VIDEO 


[Kip Currier: A former student in my Copyright course at Pitt a few years ago alerted me to this Man versus Coke trademark dust-up, which BuzzFeedNews reports here.

Click here to see Friggin' Buddy's "Out For A Sip" rap "Cease-and-Desist-video-letter" to Coca-Cola Inc. FB's attorney Rob Kittredge gets in on the (civil) action too, busting out some best supporting barrister moves.]

Major German Universities Cancel Elsevier Contracts; The Scientist, July 17, 2017

Diana Kwon, The Scientist; Major German Universities Cancel Elsevier Contracts

"In Germany, the fight for open access and favorable pricing for journals is getting heated. At the end of last month (June 30), four major academic institutions in Berlin announced that they would not renew their subscriptions with the Dutch publishing giant Elsevier once they end this December. Then on July 7, nine universities in Baden-Württemberg, another large German state, also declared their intention to cancel their contracts with the publisher at the end of 2017.
These institutions join around 60 others across the country that allowed their contracts to expire last year.
The decision to cancel subscriptions was made in order to put pressure on Elsevier during ongoing negotiations. “Nobody wants Elsevier to starve—they should be paid fairly for their good service,” says Ursula Flitner, the head of the medical library at Charité–Berlin University of Medicine. “The problem is, we no longer see what their good service is.”
Charité–Berlin University of Medicine is joined by Humboldt University of Berlin, Free University of Berlin, and Technical University of Berlin in letting its Elsevier subscriptions lapse.
“The general issue is that large parts of the research done is publicly funded, the type setting and quality control [peer review] is done by people who are paid by the public, [and] the purchase of the journals is also paid by the public,” says Christian Thomsen, the president of the Technical University of Berlin. “So it’s a bit too much payment.”
Project DEAL, an alliance of German institutions led by the Hochschulrektorenkonferenz (German Rectors’ Conference), has been working to establish a new nationwide licensing agreement with three major scientific publishers, Elsevier, Springer Nature, and Wiley, since 2016."

Escaping Big Pharma’s Pricing With Patent-Free Drugs; New York Times, July 18, 2017

Fran Quigley, New York Times; Escaping Big Pharma’s Pricing With Patent-Free Drugs

"Although President Trump said before taking office that drug companies were “getting away with murder” and had campaigned on lowering drug prices, his administration is doing the opposite. A draft order on drug pricing that became public in June would grant pharmaceutical companies even more power to charge exorbitantly. For example, it could shrink a federal program that requires companies to sell at a discount to clinics and hospitals serving low-income patients.

Exorbitant prices are one thing that’s very wrong with the way we make medicines. The other is: medicines for what? If a malady has no market in wealthy countries, it gets no attention. Poor-country diseases, known as “neglected diseases,” have a ferocious impact: One of every six people in the world, including a half-billion children, suffers from neglected diseases. Yet of the 756 new drugs approved between 2001 and 2011, less than 4 percent targeted those diseases. The industry spends far more on lobbying government agencies to extend monopolies on high-cost drugs — or hand out deals like the Zika vaccine — than it does on research for a vaccine against dengue fever, which poses a risk for 40 percent of the world’s population.

But there’s one drug company that behaves differently."

Paralegal robot reviews patent documents; ABA Journal, July 17, 2017

Stephen Rinkiewicz, ABA Journal; Paralegal robot reviews patent documents

"New software helps patent lawyers draft applications that are more likely to pass muster with the U.S. Patent and Trademark office, as well as respond to official letters from examiners.

TurboPatent Corp. on June 28 launched artificial-intelligence products that compare patent claims with past applications to make predictions about patent eligibility.

The patent drafting software, dubbed RoboReview, automates paralegal work, bringing more rigor to the task of researching prior art and potentially saving thousands of dollars on a filing. It’s sold as a subscription product on an unlimited or per-use basis.

“Typically this review is done by humans doing multiple searches,” says James Billmaier, TurboPatent’s chief executive officer. “Very seasoned attorneys are amazed at things the machine finds that they miss in these very technically written documents.”

Fair Use Vs Fair Dealing: How Australian Copyright Law Differs; Lifehacker, July 18, 2017

Nicolas Suzor, Lifehacker; Fair Use Vs Fair Dealing: How Australian Copyright Law Differs

"Copyright law sometimes allows you to use someone else’s work - as long as it’s fair. In Australia this is called “fair dealing”, and it’s different to the law in the US, which is called “fair use”. We explain the difference.

These exceptions are safety valves in copyright law – they allow lots of beneficial uses that society has agreed copyright owners should not be able to charge for, or worse, prevent.
There’s a serious ongoing debate about whether Australia should update its copyright laws and introduce fair use. The current law is not easy to understand – our research shows that Australian creators are often confused about their rights – and many think we already have fair use.

Fair dealing: What can you do in Australia?

The key difference between “fair use” and “fair dealing” is that Australia’s “fair dealing” laws set out defined categories of acceptable uses. As we will see, “fair use” in the US is much more flexible.
Australian copyright law sets out five situations where use of copyrighted material without permission may be allowed:
  • research or study
  • criticism or review
  • parody or satire
  • reporting the news
  • provision of legal advice.
We’ll explain the first four, as they’re most useful to the average Australian."