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Google Files for Permission from FISA Court to Tell Us More ~pj

The Washington Post reported today that Google has filed with the US Foreign Intelligence Surveillance Court in Washington a motion for a declaratory judgment that Google has a First...

Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj

The Hon. David Nuffer has ruled on the SCO v. IBM motions, granting SCO's motion for reconsideration and reopening the case, which IBM did not object to. Judge Nuffer apologizes to the parties for the error in his previous order refusing to reopen the case. Sounds like a mensch to me. I love it when judges don't pretend something is the lawyers' fault when it's really the judge's fault. He's newly assigned to this case, and it's been going on for over a decade, so he specifically tells the parties not to assume his familiarity, asking them to provide him with enough detail in the various briefs going forward to work with. And he has essentially accepted...

Naturally Occurring Human Genes Not Patentable - Myriad Loses - Our Genes Belong to Us ~pj Update 3Xs

Here [PDF] it is! The opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. striking down patents on naturally occurring human genes, even if they've been isolated. It was unanimous! I have done it as text for you. From the opinion: ... Myriad did not create anything. To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention. Groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry. From the Syllabus:Myriad's patent descriptions highlight the problem with its claims: They detail the extensive process of discovery, but extensive effort alone is insufficient to satisfy §101's demands. No patent on sweat of the brow. You have to actually invent something. Details from...

Microsoft's Amicus Brief in Support of Apple in Appeal of Posner Ruling - A Change in Tune on Injunctions ~pj

Microsoft has now filed an amicus brief in support of Apple in the appeal of Judge Richard Posner's ruling in which the judge tossed out both Apple and Motorola's claims with prejudice, saying neither had proven damages and saying injunctive relief when there was no demonstrable harm would be against the public interest. Interestingly, Microsoft here argues in its brief that the judge didn't rule out injunctive relief for FRAND patents. That's news to me, that Microsoft holds that view. Here's Motorola's appeal brief that Microsoft references repeatedly. In it, Motorola argued that Judge Posner implied a "no-injunctions for FRAND patents" rule, and that it ought not to be followed: As to the denial of any injunctive relief to Motorola, the district court set forth a seemingly categorical rule against injunctions for infringement of essential patents whose holders commit to SDOs to offer licenses on fair, reasonable and non-discriminatory ("FRAND" or "RAND") terms. Under this rule, the district court declined to examine Apple's refusal to accept a license over years of infringing use. That ruling requires this Court's reversal, because the district court's automatic rule that injunctions are never available for SEPs is contrary to the Patent Act, which provides...

SCO Replies to IBM on Motion for Reconsideration: Skip Briefing. Let's Go to Trial Quickly. We're Running Out of Money ~ pj

SCO has filed its reply to IBM's response to SCO's motion asking the judge to reconsider his refusal of SCO's motion to reopen SCO v. IBM. It will not surprise you that SCO doesn't like IBM's suggestions on how the case should go forward. IBM suggested a couple of rounds of a process, first tossing out whatever both sides agree are mooted claims, due to the Novell victory over SCO, then IBM would bring a summary judgment motion on the rest, and that would require briefing, IBM suggested, because there are new cases decided in the interim that are relevant. SCO's argument in opposition goes like this, its list of three reasons it thinks IBM's proposal of further briefing and the summary judgement motion is improper -- 1) the parties already briefed the court on the effect of the Novell judgment,...
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