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Samsung Parries Apple's 7th Amendment Arguments ~pj

Samsung has responded to Apple's arguments that the Seventh Amendment is not violated by a damages-only retrial and that in any case Samsung waived that issue. Not so, Samsung says, because the claims are intertwined and there was nothing to waive until the new trial was ordered, plus a right to a jury trial can't be impliedly waived: Apple's response on the Seventh Amendment issue (Dkt. 2303 ("Opp.")) offers no answer to the constitutional problem presented by a damages-only new trial in the circumstances of this case, where a second jury would necessarily have to reexamine infringement findings determined by the first jury because the scope and extent of infringement...

Apple's Game Revealed in Apple v. Samsung Post-Trial Skirmishes ~pj

Apple has filed several new documents in Apple v. Samsung -- the trial that never ends. The main issue is whether Samsung's request [PDF] for a stay in holding the new trial on damages should be granted. Apple votes no [PDF], again. It would prefer not to wait until the USPTO and the courts finish the reexaminations of two of Apple's patents, preferring an immediate retrial. Why? It means setting damages for at least one patent claim the USPTO just decided isn't valid in a final office action and another patent that has been ruled preliminarily invalid, but this is Apple. It indicates it will appeal until it gets what it feels is the outcome...

For Those Who Like Things Open - Check Out OpenCourseware ~mw

Our readers are a curious bunch, and I never cease to be amazed at the knowledge they possess. Still, I suspect most of you are life-long learners. Although you may already be aware of it, you now have the opportunity to take college level courses on...

Google, Red Hat, et al. Ask FTC and DOJ to Investigate Antitrust Implications of Patent Outsourcing to Trolls ~pj

Joe Mullin at ars technica has the welcome news that the FTC is thinking about using subpoena powers to investigate patent trolls, such as Intellectual Venture. He mentions that Google, Red Hat, Blackberry and Earthlink just sent some comments [PDF] to the FTC and the Department of Justice asking for an investigation into what they politely call patent assertion entities, or PAEs. So have the Computer and Communications Industry Association [Comments, PDF] and the National Restaurant Association [Comments, PDF] also asked for such scrutiny. But the most important part of the Google et al. request, to me, hasn't yet been highlighted in the media reports I've seen.

Today is Human Genome Day at the US Supreme Court ~pj

Today is human genome day at the US Supreme Court. There will be oral argument on Association for Molecular Pathology v. Myriad Genetics, Inc.. The link will take you to the ABA's collection of amicus briefs, and there are many of them, and the merits briefs. The question before the court is this: QUESTION PRESENTED: Many patients seek genetic testing to see if they have mutations in their genes that are associated with a significantly increased risk of breast or ovarian cancer. Respondent Myriad Genetics obtained patents on two human genes that correlate to this risk, known as BRCA1 and BRCA2. These patents claim every naturally-occurring version of those genes, including mutations, on the theory that Myriad invented something patent--eligible simply by removing ("isolating") the genes from the body. Petitioners are primarily medical professionals who regularly use routine, conventional genetic testing methods to examine genes, but are...
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