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American Freedom Law Center: The American Freedom Law Center (AFLC) filed its opening brief today in the United States Court of Appeals for the Federal Circuit, asking the court to overturn the Trademark Trial & Appeal Board’s (TTAB) denial of the trademark application for “Stop Islamisation of America” and “SIOA.”
Law & Religion UK: The matter is set to return to the Europe following a reference by the High Court in International Stem Cell Corporation v Comptroller General of Patents EWHC 807 (Ch) (17 April 2013)in relation to an appeal by ISCC against a decision that the inventions disclosed in two of its patent applications relating to human stem cells were excluded from patentability. The issues raised by the appeal are summarized in paragraph 3 of the judgement, which states:
SCOTUS Blog: We won’t know more than that until the Court issues its decision, probably in late June, but it seems likely that at least five Justices are poised to agree with the challengers that at least some of the human genes at issue in the case cannot be patented.
AP: The Supreme Court grapples Monday with the question of whether human genes can be patented.
SCOTUS Blog: At 10 a.m. next Monday, the Supreme Court will hold a sixty-five-minute oral argument on the control, through patent ownership, of research studies on human genes taken out of the body.
South Carolina Episcopal Bishop Sues Break-Away Parishes Over Right To Be Identified As Protestant Episcopal Church
Religion Clause Blog: As reported by AP, yesterday Episcopal Bishop Charles von Rosenberg who heads the minority of congregations in South Carolina that remain loyal to The Episcopal Church filed a federal lawsuit against Bishop Mark Lawrence who heads the larger portion of the congregations that in 2012 broke away from the national church. The complaint (full text) in von Rosenberg v. Lawrence, (D SC, filed 3/6/2013)
Lyle Denniston at SCOTUS Blog: Later today the blog will begin publishing an online symposium on the Supreme Court case testing whether human genes, taken out of the body and isolated in a laboratory, without change, can be given a patent. A roster of the contributors to the symposium is available here. The following post explains, in non-legal language, what is involved in that case (Association for Molecular Pathology v. Myriad Genetics, Inc., on the Court’s docket as 12-398). The Court is expected to hold a hearing on it in April, and decide the case before the end of this Term in late June.
Germany: No Patenting Of Human Embryonic Stem Cells, If Obtained Through The Destruction Of Human Embryos
Turtle Bay and Beyond: The case had acquired worldwide notoriety when the Court of Justice of the European Union, answering a prejudicial question that had been submitted to it by the BGH, found that the existence of a human embryo begins at the moment of conception, and that therefore inventions that involved the use of embryonic stem cells were therefore excluded from patent protection under the EU Biopatent Directive.
Myriad Genetics calls on Scotus to reject petition from ruling finding DNA molecules patent-eligible
Lexology.com: According to Myriad Genetics, Inc., the U.S. Supreme Court should not grant review in Association for Molecular Pathology v. Myriad Genetics, Inc. Details about the Federal Circuit Court of Appeals decision on remand from the lawsuit’s previous sojourn before the U.S. Supreme Court appear in Issue 41 of this Bulletin. The American Civil Liberties Union (ACLU) has requested that the Court review the Federal Circuit’s decision.
MarketWatch: Tucked into the U.S. Supreme Court’s busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.
Reuters: Appeals court overturns ban on video-sharing site
Findlaw: That’s what led to a three-day conference in Beijing from May 28 to 30. The United States-China Intellectual Property Adjudication Conference was held at Renmin University in Beijing and had over 1,200 attendees, including business leaders, government officials and jurists.
ArsTechnica: The Motion Picture Association of America is squaring off against a coalition of Internet giants and public interest groups over the key question of whether it’s possible to directly infringe copyright by embedding an image or video hosted by a third party. A federal judge took that position last July, prompting a chorus of criticism.