Showing posts with label v. Show all posts
Showing posts with label v. Show all posts
Monday, March 6, 2017
Monsanto v Bowman A Unanimous Supreme Court Sides with Monsanto
Monsanto v Bowman A Unanimous Supreme Court Sides with Monsanto
Today a unanimous Supreme Court affirmed the Federal Circuits decision in Monsanto v. Bowman, and held that "patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holders permission." A background on the case can be found in earlier posts to this blog.
The Justices seemed to see through Bowmans arguments and understand what was at stake in this case. Writing for the Court, Justice Kagan noted that it is "well-settled" that the authorized purchaser of a patented product does not acquire any right to make copies of the product, and observed that were the Court to find in favor of Bowman patents would provide "scant benefit" to companies like Monsanto, and little incentive for investment in innovation.
The Court’s decision is explicitly premised on the fact that Monsanto requires farmers to enter into a license agreement which allows them to plant the patented seeds and harvest the resulting crop for use as food or animal feed, but not to replant the seeds or sell them for replanting. In footnote 3, the Court points out that "we do not here confront a case in which Monsanto (or an affiliated seed company) sold Roundup Ready to a farmer without an express license agreement. For reasons we explain below, we think that case unlikely to arise. And in the event it did, the farmer might reasonably claim that the sale came within an implied license to plant and harvest one soybean crop."
Kagan pointed out that a decision in favor of Bowman would be entirely inconsistent with the Court’s 2001 decision in J.E.M Ag Supply v. Pioneer Hi-Bred International, in which the Court held that utility patent protection is available for seeds and plants. In J.E.M., the Court noted that that the requirements for getting a patent are more stringent than those for obtaining a Plant Variety Protection (PVP) certificate, and that the protections afforded by a patent are correspondingly greater. If the Court had sided with Bowman, it would mean that the owner of a patent would not only not be able to prevent a buyer from saving and replanting harvested seeds, but would be unable to prevent the buyer from selling the seeds, something "even a PVP certificate owner (who, recall, is supposed to have fewer rights) can usually accomplish."
Some supporters of Bowman have argued that farmers have a long-standing tradition of buying commodity grain for planting, but the Court gave short shrift to this contention. In a footnote, the Court observed that grain elevators "purchase grain from farmers and sell it for consumption; under federal and state law, they generally cannot package or market their grain for use as agricultural seed." The Court also noted that the commodity soybeans Bowman purchased were not intended for planting, but for consumption, and that Bowman himself had "conceded in deposition testimony that he knew of no other farmer who employed beans bought from a grain elevator to grow a new crop."
The Court also rejected Bowmans argument that seeds should be treated differently for purposes of exhaustion because they "self-replicate." The Court observed that Bowman was far from a passive observer, and that he had actively "made" (in the infringing sense) the copied seeds by purchasing the seeds knowing that many would be Roundup Ready, applying glyphosate in a way that culled any plants without the patented trait, saving the seeds to plant a later time, planting the beans in his field at the time he thought best, attending and treating them, including by exploiting their patented glyphosate-resistance, and harvesting the seeds, which he either marketed or saved to begin the next cycle. "In all this, the bean surely figure. But it was Bowman, and not the bean, who controlled the reproduction (unto the eighth generation) of Monsantos patented invention.”
In the final paragraph, Kagan emphasizes that the decision is limited to the facts on hand, and the holding does not extend to hypothetical situations in which an article self-replicates "outside the purchaser’s control," or in which replication might be a necessary or incidental step in using the item for another purpose. She cites to 17 USC 117, a section of the copyright statute that addresses concerns relating to software and copyright that are very analogous to the concerns about inadvertent infringement expressed by supporters of Bowman. This analogy between software copyright and DNA patent was the theme of the Amicus brief I filed in support of Monsanto, in which I particularly pointed out that concerns about unavoidable infringement could be addressed by Congress if necessary, and citing 17 USC 117 as a specific example of that approach.
Available link for download
Saturday, March 4, 2017
N O V A 3 Freedom Edition v1 0 1d APK Mod Unlimited Money Android Games
N O V A 3 Freedom Edition v1 0 1d APK Mod Unlimited Money Android Games
The most immersive and impressive sci-fi FPS franchise on smartphones is now completely free! Fight for humankind’s survival!
Four months after Kal Wardin defeated the Volterites, President Folsom is assassinated and the beleaguered colonies surrender to the Volterite Protectorate.
Since then, Kal has been lying low, but a desperate plea from Yelena calls him back to save Earth and humankind…
• An epic storyline: Humanity finally returns to Earth after years of exile! Fight in 10 immersive levels across the galaxy, from a war-torn Earth to a frozen Volterite city.
• Multiple weapons and powers: Run, shoot, drive vehicles, and pilot a mech to defeat hordes of enemies.
• Join 12-player battles in 7 multiplayer modes (Capture the Point, Free-for-All, Capture the Flag, etc.) on 7 different maps.
• For the first time, multiple allies can jump inside the same vehicle and spread destruction on the battlefield.
- Install apk
- Extract rar file using winzip or unrar
- Put data folder “com.gameloft.android.ANMP.GloftNAHM” on Sdcardandroidobbhere
- Play the game
GOOGLE PLAY
APK
MOD
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DATA
Available link for download
N O V E L T Y Mykro Magazine is Back
N O V E L T Y Mykro Magazine is Back
Do you remember Mykromag? Pioneer as the first true androgynous fashion magazine exclusively in black and white (2009). Founded by Sonny Groo who has had an incredible eye for what is now and has always managed to bring the most interesting features; Formicetti, Iris van Herpen, Guillame Henri, JW Anderson to name a few and also projects like a printed a set of books in collaboration with Rad Hourani.(If you’ve been reading my blog long enough you might remember that I also used to be a regular contributor to the Mykromag blog).
But the Black and white pages of Mykro (minus the mag) are back. With a small team based in Amsterdam theyve made it happen after a two year break. It somewhat reminds me of interview magazine in the way that it shows a very personal and human side of the fashion industry. The 12 interviews in this issue include 91 year old Eileen Ford founder of Ford models, Tumblr s Fashion evangelist (thats right, this is an official title) Valentine Uhovski, Esteban Cortezar and the iconic miss Daphne Guinness.
But the Black and white pages of Mykro (minus the mag) are back. With a small team based in Amsterdam theyve made it happen after a two year break. It somewhat reminds me of interview magazine in the way that it shows a very personal and human side of the fashion industry. The 12 interviews in this issue include 91 year old Eileen Ford founder of Ford models, Tumblr s Fashion evangelist (thats right, this is an official title) Valentine Uhovski, Esteban Cortezar and the iconic miss Daphne Guinness.
Mykro is a quarterly publication,
available at Colette, Paris and
Athenaeum, Amsterdam
Next issue will be launched during the first week of October.
available at Colette, Paris and
Athenaeum, Amsterdam
Next issue will be launched during the first week of October.
Available link for download
Wednesday, March 1, 2017
MUSICALL V 2 0 6 APK PEMBUNUH SPOTIFY NO ADS
MUSICALL V 2 0 6 APK PEMBUNUH SPOTIFY NO ADS
MusicAll v.2.0.6 APK (pembunuh spotify, no ads)
MusicAll - MusicAll memberi Anda cara terbaik untuk menikmati semua musik Anda benar-benar bebas dan tidak terbatas. Mendapatkan musik dari YouTube Ini menawarkan salah satu yang terbaik dan lengkap aplikasi di pasar. Mengambil lagu sync untuk menikmatinya bahkan tanpa internet dan mobile data simpan di jalan, gym. Fitur utamanya adalah pemutar musik dan manajer dan terus mengikuti hits baru dari artis favorit Anda. Dengan MusicAll Anda memiliki akses ke semua musik dari Youtube. Anda dapat mendengarkan artis dan album atau membuat playlist sendiri dengan lagu-lagu favorit Anda. Apakah Anda ingin bertemu lagu baru sesuai dengan selera Anda? Kunjungi Browse dan memilih genre musik favorit Anda, atau mencari tahu tentang rilis baru panas dari pilihan.
Yang Baru / Whats new | Fitur / Feature :
- Organize All your music in playlists, songs, albums or artists.
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- Finally Quality set that you want to download your playlists and want another listen to online music. The synchronized playlists on the device will only be available from MusicAll to access them without our application we offer the option to buy in iTunes.
App By :
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Type APK :
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My Komentar :
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Available link for download
Monday, February 27, 2017
Momenta v Amphastar A Divided Federal Circuit Panel Addresses Scope of Hatch Waxman Safe Harbor for Post Approval Activities
Momenta v Amphastar A Divided Federal Circuit Panel Addresses Scope of Hatch Waxman Safe Harbor for Post Approval Activities
What happens if someone invents an analytical process for demonstrating biosimilarity and patents that process, particularly in a situation where there are no practicable alternative methods available for demonstrating biosimilarity? If the innovator company that brought the original biologic to market owns the patent, it could potentially prevent competitors from bringing a biosimilar to market, because they could not demonstrate biosimilarity required for FDA approval without infringing the patent. Alternatively, if a biosimilar manufacture had such a patent it could exclude other biosimilar manufacturers from bringing their products to market. That is, unless the Hatch-Waxman safe harbor under 35 USC 271(e)(1) applies.
A divided panel of the Federal Circuit actually addressed this issue on August 3, 2012, in Momenta Pharmaceuticals v. Amphastar Pharmaceuticals. The particular drug in question, Lovenox (enoxaparin), it is technically not a biologic, but it is chemically complex and raises the same issues cited above in connection with demonstrating biosimilarity or interchangeability of a biosimilar. Enoxaparin is a low molecular weight version of heparin, a naturally occurring polysaccharide. The chemical structure of heparin is chemically diverse, with molecules ranging in molecular weight between 5000 and 40,000 Da. There are also differences in disaccharide units and in the modifications to individual sugar units that vary from molecule to molecule.
In order to market a generic version of Lovenox, FDA requires the generic manufacturer to demonstrate a sufficient level of chemical similarity in terms of molecular weight and chemical structure between branded Lovenox and the generic enoxaparin. Establishing this similarity was apparently not trivial, and Momenta (a generic manufacturer) obtained a patent claiming a method of performing the analysis, US Patent Number 7,575,886. Momenta received FDA approval to market generic enoxaparin in July 2010, and begin generating sales revenue of $260 million per quarter.
In September 2011, Amphastar received FDA approval to market its own generic version of enoxaparin, and momenta sued Amphastar for infringing its patent. Amphastar defended itself by arguing that its use of the patented method fell under the safe harbor of 35 USC 271(e)(1), which provides:
it shall not be enacted infringement to make, use, offer to sell, or so within the United States * * * a patented invention* * * solely for uses reasonably related to the development and submission of information under a federal law which regulates the manufacture, use, or sale of drugs ** * .
In particular, Amphastar argued that it was required to perform the tests to ensure that the product complies with FDA requirements, and that it retained the data so that it could submit it to FDA as necessary.
In response, Momenta argued that the safe harbor did not apply under the circumstances, since the product had already been approved and because Amphastar did not actually submit the information to FDA.
The District Court sided with Momenta, finding that the safe harbor did not apply under the circumstances, and issued a preliminary injunction. The Federal Circuits 2011 opinion in Classen Immunotherapies v. BiogenicIDEC would seem to support this decision. In Classen, the panel stated that "[271(e)(1)] does not apply to information that may be routinely reported to the FDA, long after marketing approval has been obtained."
On appeal, a divided panel reversed and remanded, finding that the safe harbor does apply to Amphastar’s activities, essentially because the patented test is being used to confirm that its generic product meets the FDA requirement of similarity to branded Lovenox. The majority opinion is written by Judge Moore, who wrote a dissent in Classen arguing for a more expanded interpretation of the safe harbor that would encompass post-approval submissions to FDA.
In Momenta, Judge Moore found that a plain reading of the statute did not limit the safe harbor to pre-approval FDA submissions, and the legislative intent was to promote the availability of generic drugs. She also felt that the requirement that data be generated for "submission" to FDA was satisfied in this case because FDA regulations required Amphastar to test the drugs for similarity and to maintain the records for one year so they would be available for FDA inspection.
Judge Moore acknowledged that the Classen decision is binding precedent, but she reads Classen as being limited to cases involving "routine submissions" to FDA. In the present case, she found that Amphastar’s actions are not routine, since the company is required to make the data available for FDA in order to maintain FDA approval, in contrast with the optional "routine submissions" at issue in Classen.
Judge Moore also rejected Momentas argument that the safe harbor did not apply because there were alternate methods available for performing the necessary analysis. She found that the safe harbor applies even if FDA would accept the use of other, non-patented testing methods.
In a strongly worded dissent, Judge Rader (who wrote the majority opinion in Classen) argued that the safe harbor does not apply in this case, and under Classen should not be available for infringing activities relating solely to post-approval FDA submissions. He basically found Judge Moores decision inconsistent with the majority opinion in Classen, but entirely consistent with her dissent.
Judge Rader adopts a fundamentally different characterization of the Amphastar’s infringing activity than the majority. While the majority finds that the patented test is used to generate data necessary to satisfy FDA regulatory requirements, Judge Rader finds that the method is also being used for the purpose of manufacturing the product. Neither characterization seems implausible to me. Of course the test is being used to analyze the product, but Judge Raders point is that in order to manufacture FDA-approved generic enoxaparin, it is necessary to conduct the analytical test to ensure that the product meets specifications.
I think the outcome in the case hinges largely upon this distinction between analyzing a product and manufacturing a product. If we accept Judge Raders view that the patent covers a method used in manufacturing the drug, then the patented invention fails to satisfy the statutory requirement of being used "solely for uses reasonably related to the development and submission of information" to FDA, and the safe harbor should not apply. However, if we characterize the patented method as a method of product analysis, Judge Moores decision seems reasonable.
In any event, a significant aspect of the decision is that it apparently limits the ability of innovators and biosimilar manufacturers from using patents covering methods of product analysis to keep biosimilar competitors off the market. This could be important as biosimilar manufacturers seek to enter the market in competition with innovators and other biosimilar companies.
Available link for download
Sunday, February 26, 2017
Musarañas Asesinas 1959 V O S E The Killer Shrews
Musarañas Asesinas 1959 V O S E The Killer Shrews
sinopsis:
A causa de un fuerte huracán un grupo de personas quedará atrapado en una remota isla. En ella vive un científico que intenta acabar con la superpoblación de la Tierra, para ello ha creado una criatura gigante que se volverá contra él y contra todo ser vivo..
Ficha Técnica
Comentario
De nuevo nos encontramos con un claro ejemplo de lo más bizarro y camp de la serie b de ciencia ficción de todos los tiempos. “Musarañas asesinas” es una infame película de muy bajo presupuesto, debut del gurú de los efectos especiales Ray Kellogg en la dirección, que, si la tomamos en serio, resulta difícil de digerir. Es otro de esos filmes que de lo malo que es ha ganado algunos adeptos entre los acérrimos de la ciencia ficción y, sobre todo, entre todos los que nos enfrentamos a su visionado con ganas de diversión. Vamos, los que nos reímos de él. Es verdad que la película comienza de forma acertada con esa protociencia tan habitual en el género que nos va, poco a poco, sumergiendo en una trama que nos narra que, fruto de unos experimentos las musarañas (que suelen medir entre 5 y 9 cm) han crecido y mutado convirtiéndose en unos animales voraces y sanguinarios. Así, nos encontramos con algunos momentos de tensión e intriga que desaparecen como por ensalmo cuando aparecen las mutaciones animales. Y comienza la diversión. Porque nuestras gigantescas amigas provocan, como mínimo, la carcajada estruendosa debido a su ridículo aspecto. Los primeros planos son marionetas y cuando son filmadas de lejos vemos perros cubiertos por una especie de alfombras… Penoso, cutre, lo peor.
Lo único destacable es que aprovechan sus recursos para crear una buena ambientación, a pesar de sus más que escasos decorados: el viento que suena constantemente, una acertada iluminación…Hum… Y ya está. Del guión, lleno de incoherencias, y los actores ni hablamos.
Producto sin pies ni cabeza. Mala con avaricia. Para, como muchas otras, verla con amigotes, borracho o drogado. Si no, no es aconsejable.
Links descarga
(Rapidshare)
http://rapidshare.com/files/418269511/caprimusara__00241_a.part01.rar
http://rapidshare.com/files/418269534/caprimusara__00241_a.part02.rar
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http://rapidshare.com/files/418269646/caprimusara__00241_a.part10.rar
(Megaupload)
http://www.megaupload.com/?d=762TULI5
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http://www.megaupload.com/?d=62BLCH3P
http://www.megaupload.com/?d=AQHP56O6
http://www.megaupload.com/?d=1IWKXWB5
http://www.megaupload.com/?d=MRASMH9E
pass: lamusarañaquemata
Available link for download
Saturday, February 25, 2017
N O V E L T Y Menswear Neil Barrett ss14
N O V E L T Y Menswear Neil Barrett ss14
Ive almost grown to love menswear more than womenswear. Perhaps because menswear is somewhat more restricted, the silhouettes dont change every season as radically as they can in womenswear and it is focussed more on appreciating details, fabrics and tailoring. Trends are much more subtle and individual pieces often much more classical.
Im a huge fan of Neil Barretts vision of spring summer 2014. Inspiration for the collection included the modernist work of Charles and Ray Eames, particularly the shape of the iconic curvy Eames chair. But also 1990s lumberjack plaid shirts, the red/black white/black kind. Barrett magnified the plaid pattern creating a larger, simplified block pattern. The last suited the Nirvana songs to which the boys walked down the runway so well. Besides the graphic prints, the garments were kept as clean as possible, all buttons, fasteners, zippers were hidden and jackets were held together with magnetic closures.
Although these clothes are literally the future and itll be a year until we see them on the streets, it could have also been last years or next years collection. Like the Eames chair, designed more than 50 years ago but still fresh and modern as ever, I cant imagine this ever going out of style.
Im a huge fan of Neil Barretts vision of spring summer 2014. Inspiration for the collection included the modernist work of Charles and Ray Eames, particularly the shape of the iconic curvy Eames chair. But also 1990s lumberjack plaid shirts, the red/black white/black kind. Barrett magnified the plaid pattern creating a larger, simplified block pattern. The last suited the Nirvana songs to which the boys walked down the runway so well. Besides the graphic prints, the garments were kept as clean as possible, all buttons, fasteners, zippers were hidden and jackets were held together with magnetic closures.
Although these clothes are literally the future and itll be a year until we see them on the streets, it could have also been last years or next years collection. Like the Eames chair, designed more than 50 years ago but still fresh and modern as ever, I cant imagine this ever going out of style.
Images by Luca Campari
for Dazed Digital
for Dazed Digital
Available link for download
Friday, February 24, 2017
N O V A 3 Freedom Edition Hack Cheat Tool
N O V A 3 Freedom Edition Hack Cheat Tool
Check N.O.V.A. 3 Freedom Edition Hack Proof and How to use
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The great thing about the hack tool is that it does not leave any traces and protects your account from being banned or restricted. Is true that you don’t have to abuse it, but use it wisely.
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Screenshots
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N.O.V.A. 3 Freedom Edition Hack Cheat Tool
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Thursday, February 23, 2017
N O V A 3 Near Orbit Vanguard Alliance v1 0 2 Apk
N O V A 3 Near Orbit Vanguard Alliance v1 0 2 Apk
N.O.V.A. 3 - Near Orbit Vanguard Alliance v1.0.2 Apk
Requirements: 2.2
Overview: The most immersive and impressive sci-fi FPS franchise on smartphones is back!
Fight for mankinds survival in the greatest space shooter on mobile devices!
** Note that N.O.V.A. 3 - Near Orbit Vanguard Alliance needs 2GB of free memory to install **
Four months have passed since Kal ruined the Volterites plans by sabotaging their war factories, and stopping the extraction of the Judger Artifacts. However, following the assassination of President Folsom, the government surrendered the colonies to the Volterite Protectorate in order to prevent civil war.
Kal Wardin has been laying low since Folsom’s death, but now he has received a desperate plea from Yelena to come to Earth. Once again, the hero must rise to save mankind!
• An epic storyline: Humanity finally returns to Earth after years of exile! Fight in 10 immersive levels across the galaxy, from a war-torn Earth to a frozen Volterite city.
• Multiple weapons and powers: Run, shoot, drive vehicles, and pilot a mech to defeat hordes of enemies.
• Join 12-player battles in 6 multiplayer modes (Capture the Point, Free-for-All, Capture the Flag, etc.) on 6 different maps.
• For the first time, multiple allies can jump inside the same vehicle and spread destruction on the battlefield.
• Discover the new FPS benchmark for graphics and gameplay (real-time shadow & lights, particle system, ragdoll physics, etc.)
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APK : Download
Obb (sdcard/Android/obb/com.gameloft.android.ANMP.GloftN3HM)
OBB Data : Part1 Part2 Part3 Part4
Available link for download
Tuesday, February 21, 2017
N O V E L T Y Harim Jung Mini Interview
N O V E L T Y Harim Jung Mini Interview
Photography, Dominik Tarabanski
Set Design, Zu Sb
Fashion Design, Harim Jung
Makeup, Francisca Saavedra
Hairstyle, Takayoshi Tsukisawa
Yesterday I stumbled upon these gorgeous images made by Polish photographer Dominik Tarabanski.
But what struck me the most were the designs by Parsons student Harim Jung. Specially the techniques she used to build her clothes is incredibly exciting: the technical way she deconstructed the
garments and worked with the patterns, layering them , leaving them loose from the rest of the garment and then applying beautiful luxe finishings like a metal gold strip.
It even reminded me a bit of the dress with layered patterns from Hussein Chalayan.
Harim has been selected as one of the 14 Parsons student for the Empowering Imagination competition, Im keeping my fingers crossed for her!
/Update
Managed to contact Harim Jung (thank you anonymous for leaving a link to her website!) and she was so kind to answer a few questions:
/Can you please tell me a bit about the fabrics and materials that you used?
My inspiration first started from my high school uniform so I wanted the fabrics to carry the essence of it. The navy pieces were mainly wool fabrics, where as the white pieces were mainly cotton resembling the white shirt of the uniform. The brass is an additional element that comes from my experience back in high school where we couldnt wear any accessories due to the schools policy, so I designed the brass to accessorize the clothes rather than the body.
/What are your plans after graduation?
I would love to continue with my own work at the same time I am open to experiencing any opportunities that come in my way!
/In the style.com interview you mentioned that youd like keep your garments accessible, how do you do that, do you keep functionality in mind a lot when designing?
Because the entire process of my thesis was very experimental, I didnt want to make clothes that people had a hard time wearing. The collection was about sharing my story, my memories, yet providing an experience for the wearer to create their own and interpret the pieces in their own way. I also focused on creating pieces for anyone to wear and have access to. Ultimately the goal was to to find a happy medium between the creativity and the accessibility
Available link for download
Friday, February 17, 2017
Monsanto v Cefetra EU Court of Justice Limits Scope of Patent Protection Available to Gene Sequences
Monsanto v Cefetra EU Court of Justice Limits Scope of Patent Protection Available to Gene Sequences
A couple of years ago I posted an article (available here) discussing the case of Monsanto v. Cefetra. Essentially, in that case a European court held that Monsanto patents claiming the gene responsible for its Roundup Ready trait were not infringed by the importation of soy meal containing the gene, because the grinding of the soybeans to make the meal rendered the DNA incapable of expressing the encoded protein, and thus unprotectable pursuant to the 1998 European Union Directive on biotechnology.
On Tuesday, July 6, that decision was affirmed by the Court of Justice of the European Union. This is the highest judicial body of the European Union, so there will be no further appeals, and this would appear to be the final word on the subject. The decision was reported in an article posted on IPKat, a respected European IP blog, available here. I am no expert on European law, but here are a few thoughts on the significance of this case.
First, my interpretation of the decision.
In a nutshell, the Court of Justice held that although the so-called Biotech Directive, promulgated by the European Union in 1998, permits the patenting of naturally occurring DNA sequences, the scope of patent protection only extends to products incorporating the DNA if the DNA is capable of performing “the function for which it was patented." Applying this criterion to the facts of the case, the Court held that the patentable function of the gene at issue was to confer glyphosate (i.e., RoundUp) resistance upon a plant, and that since the soy meal is dead and thus incapable of expressing this function, the DNA residing in the soy meal is ineligible for patent protection.
The Court went on to hold that the Biotech Directive supersedes national law, and precludes individual European nations from enacting legislation that would permit patenting of DNA sequence per se. It also held that the prohibition against patenting DNA sequences per se applies retroactively to patents predating the EU’s adoption of Directive in 1998. In short, this unappealable ruling appears to be binding upon all 27 European Union Member States, and all DNA patents, no matter when they were issued.
The ruling could have a substantial impact on biotechnology. Obviously, it provides an opening for growers to circumvent gene patents used to protect genetically modified crops by growing the crops in a country where the gene is not patented, such as Argentina in this case, or in a jurisdiction with weak patent enforcement, and then importing the product into a European Union member wherein the patent is in force with impunity.
According to the logic of the decision, if viable seeds were imported, they would likely be found infringing because the DNA would still be capable of performing the function for which it was patented. But if the product has been processed, and as a result no longer viable, as exemplified by the soy meal at issue in this case, importation should not be found to constitute infringement.
The ruling could also have implications for the scope of protection afforded by gene patents for genetic diagnostic testing. Genetic diagnostic testing, such as by DNA sequencing, typically involves the isolation and/or amplification of the gene sequence being tested. This isolation and amplification might be characterized as the manufacture of the DNA, which could constitute infringement of a patent claiming the DNA sequence. For example, the ACLU challenge to Myriad’s BRCA gene patents is based in part on an assumption that the patent claims reciting isolated BRCA sequences would be infringed by unauthorized testing for mutations in the BRCA genes (which typically involves DNA sequencing).
However, this assumption is premised on the patents covering the isolated DNA sequences per se. But arguably, the isolated and amplified DNA fragments generated in the course of DNA sequencing and testing are not capable of performing their function, and thus after this week’s Court of Justice decision are ineligible for patent coverage in the European Union.
Of course, this would depend upon how one defines the "function of the patented gene. For example, one might argue that one important function of BRCA sequences claimed in Myriad’s patents is for diagnostic testing, and hence isolated DNA sequences generated in the course of genetic testing are performing a function for which they are patented
However, under a more restrictive view the function of the BRCA genetic sequences is to code for the BRCA protein product, i.e., the actual physiological function of the BRCA gene in the human body. Myriad’s patents specifically discuss use of the isolated BRCA gene for production of the BRCA protein in a recombinant cell, which could be a useful research tool in drug discovery. As discussed in earlier posts relating to the ACLU lawsuit, I point out that in practice BRCA testing does not involve the amplification of the full length BRCA coding sequence, but only amplicons representing fragments of the gene. These fragments would not be capable of achieving the function of expressing the full-length protein, and thus arguably lack the requisite functional potential.
I think reasonable minds could go either way on the issue, but given the current level of antipathy towards the use of gene patents to block genetic diagnostic testing, I can envision a European court adopting a restrictive interpretation of what it means for a genetic sequence to be capable of performing its patentable function, and decide that gene patent coverage does not extend to use of the genetic sequence in diagnostic testing.
In a related context, the Court’s decision could have implications for the effect of gene patents on whole genome sequencing. There is much buzz these days regarding the imminent arrival of personal whole genome sequencing, which will permit individuals to have their entire genome sequenced for a relatively small amount of money. Some have worried that a thicket of gene patents might impede the ability of firms to provide whole genome sequencing. However, DNA “manufactured” in the course of whole genome sequencing is unlikely to be found capable of performing the function of individual patented genetic sequences residing therein, in which case genome sequencing would not result in patent infringement liability in Europe.
I personally do not think gene patents will substantially impede whole genome sequencing, in the US or elsewhere. But if I am wrong, and patents on genes pose a substantial impediment to whole genome sequencing in the US, the patents could be circumvented by exporting the process to a place like Europe. The EU court decision could substantially reduce the likelihood that whole genome sequencing in Europe will result in liability for patent infringement.
On the other hand, the ruling should not affect the ability of biotechnology companies to use gene patents to protect their biologic drugs. In this context, the patented gene is performing its primary function of expressing the protein encoded by the gene, and thus satisfies the criterion established by Tuesdays decision of the Court of Justice.
Available link for download
Thursday, February 16, 2017
N O V E L T Y Amsterdam Fashion Week Tickets Giveaway
N O V E L T Y Amsterdam Fashion Week Tickets Giveaway
/ Most anticipated
Jef Montes show is what I am most excited about during the entire Amsterdam Fashion Week. Ever since I saw his impressive work first come down the runway at the Artez 2012 graduation show, where these pictures were taken, Ive been a huge fan. It is amazing how Jef approaches materials in a high tech way and how he translates inspiration coming from gothic architecture into modern silhouettes on bodies. Jef tells me that his graduation pieces were only a blue print of many more ideas. He even gave a little clue about his upcoming collection; to take the wet look of the fiberglass dresses very literally and that it will be all about light. I can not wait!
/ Two Tickets To Give Away
Im beyond excited tomeet some of my readers give away tickets for you guys to join me during Vodafones Fashion Lab at AFW. Jef Montes will be presenting his collection at the Vodafone Firsts Fashion Lab; a cool initiative for new talent to showcase on a professional platform for the first time. (For those who dont get the tickets, no need to feel left out! You can see the show live via the Fashion Week app. And you dont even have to dress up. Or leave your laptop and bed. )
If you(+ a friend) want to attend Amsterdam Fashion Week for the first time:
/ leave your name and email address in the comments.
/ the show will take place this Friday at 20.00 in Amsterdam, so be sure you can be in town
/ on Wednesday I will randomly pick someone who will receive 2 tickets + more info about the exact place
Jef Montes show is what I am most excited about during the entire Amsterdam Fashion Week. Ever since I saw his impressive work first come down the runway at the Artez 2012 graduation show, where these pictures were taken, Ive been a huge fan. It is amazing how Jef approaches materials in a high tech way and how he translates inspiration coming from gothic architecture into modern silhouettes on bodies. Jef tells me that his graduation pieces were only a blue print of many more ideas. He even gave a little clue about his upcoming collection; to take the wet look of the fiberglass dresses very literally and that it will be all about light. I can not wait!
/ Two Tickets To Give Away
Im beyond excited to
If you(+ a friend) want to attend Amsterdam Fashion Week for the first time:
/ leave your name and email address in the comments.
/ the show will take place this Friday at 20.00 in Amsterdam, so be sure you can be in town
/ on Wednesday I will randomly pick someone who will receive 2 tickets + more info about the exact place
pictures by Romeo
dress by Jef Montes
thanks to Vodafone Fashion Lab
dress by Jef Montes
thanks to Vodafone Fashion Lab
Available link for download
My Amicus Brief in Bowman v Monsanto
My Amicus Brief in Bowman v Monsanto
Over the last several days, I have posted a number of briefs that have been filed by various parties in Bowman v. Monsanto. Today I filed my own Amicusbrief in the case, in support of affirmance, available here.
Here is my "Summary of Argument":
Intellectual property plays a critical role in the development of self-replicating technologies such as Monsantos genetically modified soybeans. Without some mechanism to constrain the use and dissemination of replica products, free riders would quickly flood the market with copies and impair the innovator’s ability to secure an adequate return on investment. Because of the ease with which genetically modified soybeans can be replicated by any user who comes into possession of even a single seed, whatever the source, enforceable patent protection is essential to maintain an adequate incentive for innovation.
The potential impact of this case goes well beyond Monsanto and soybeans. A decision that results in the exhaustion of patent rights in copies of self-replicating products could dramatically undermine investment in a host of promising green technologies for sustainably feeding, fueling and healing the world. It might also discourage commercialization of synthetic biology, the much heralded next iteration of the biotechnology revolution. Such a dramatic and far-reaching shift in the patent landscape is certainly not warranted, particularly on the facts of this case.
It is important to recognize that it is petitioner, not the Federal Circuit, who is seeking to create an exception to the doctrine of patent exhaustion. In essence, petitioner is arguing for an expansion of the doctrine to encompass not only patented products that have been the subject of an authorized sale, but also copies of the product - copies that were never the subject of an authorized sale. Petitioner alleges that this drastic measure is warranted because the use of Monsanto’s product inherently and unavoidably results in the production of copies, citing numerous hypothetical policy concerns. But these potential concerns are not presented in this case, involving a farmer who intentionally used and benefitted from Monsanto’s patented technology without paying for it. To the extent any of these concerns actually become an issue in the real world, they can and should be addressed in a manner that does not effectively deprive innovators of the ability to enforce their patents with respect to self-replicating technologies.
It is informative to consider how analogous concerns have been addressed with respect to another important self-replicating technology, computer software. Even though the use of many software programs inherently and unavoidably results in the production of a copy on the users computer, which would technically constitute copyright infringement, it makes little sense for software companies to sue their customers for this sort of infringement. It is simply not a problem. If the potential for an infringement lawsuit became a concern, the software company could address it by explicitly authorizing purchasers to make a copy of the software, at least to the extent that such copying is an essential step in using the software. In any event, to resolve any lingering concern, Congress took the step of amending the copyright statute to explicitly exempt authorized users of computer software from liability for producing a copy that is used solely as a necessary element of running the software.
Significantly, it has not been deemed necessary to expand copyrights first sale doctrine (copyright’s analog to the doctrine of patent exhaustion) in a manner that exhausts patent rights in copies of copyrighted software that are inherently created when the software is used. To do so would effectively strip software developers of meaningful copyright protection once a first round of copies has been sold and replicated. In the same way, and for much the same reasons, it is unnecessary to expand the doctrine of patent exhaustion with respect to self-replicating patented technologies like Monsantos seeds. To the contrary, to do so would effectively deny enforceable patent protection to many self-replicating technologies.
Congress is in the position to weigh competing interests, and if necessary enact legislation to address any unique policy concerns presented by the interplay of intellectual property rights and self-replicating technologies. It has done so with respect to computer software, and in a manner that does not deprive software producers of the ability to enforce their copyrights against free riders. It can do so with respect to patented self-replicating technologies as well. In fact, a bill is currently pending in Congress that would effectively create a compulsory license in patented seeds. Leaving aside the question of whether this would be the best approach, it illustrates that Congress is fully capable of addressing concerns expressed by petitioner and its amici without entirely stripping innovators like Monsanto of their patent rights.
Available link for download
Wednesday, February 15, 2017
MY TALKING TOM V 3 8 1 57 APK MOD INFINITE MONEY
MY TALKING TOM V 3 8 1 57 APK MOD INFINITE MONEY
MY TALKING TOM V.3.8.1.57 APK + MOD (INFINITE MONEY)
My Talking Tom - Temukan # 1 game aplikasi di 135 negara ! Mengadopsi anak kucing bayi Anda sendiri dan membantunya tumbuh menjadi kucing dewasa . Merawat hewan peliharaan virtual Anda , nama dia dan membuat dia bagian dari kehidupan sehari-hari Anda dengan memberinya makan , bermain dengan dia dan memelihara dia sebagai dia tumbuh .
Berpakaian dia cara apapun yang Anda suka dan memilih dari berbagai pilihan warna bulu dan aksesoris lainnya . Menghias rumah dan memeriksa bagaimana orang lain dihiasi rumah saya Talking Tom mereka . Bermain game dengan Tom dan menonton saat ia menjadi bagian dari kehidupan sehari-hari Anda.Yang Baru / Whats new | Fitur / Feature :
- Bermain lebih dari 10 mini-games: Memory Game, Whack-A-Mouse, Connect dan banyak lagi! Mendapatkan koin emas dan bersenang-senang!
- Rekam & menonton video: Merekam dan berbagi sendiri video My Talking Tom dan menonton video lain juga. (Hanya tersedia pada perangkat pilih menjalankan Android 4.1+
- Memelihara sendiri Tom Anda: Bermain game dengan dia, memberinya makan makanan favoritnya, menyelipkan dirinya ke tempat tidur.
- Kunjungi teman & pemain lain Talking Toms: Check out apartemen dan terlihat dari Toms lainnya, menemukan peti harta karun dan mendapatkan uang!
- Nikmati emosi hidup seperti: Tom bisa bahagia, lapar, mengantuk, bosan ... emosinya berubah sesuai dengan bagaimana Anda bermain dengan dia.
- Melepaskan kreativitas Anda: Buat Anda Tom sendiri dengan memilih dari 1000 dari kombinasi bulu, pakaian dan furniture.
- Mendapatkan hadiah karena Anda maju: Bantuan Tom tumbuh melalui 9 tahapan yang berbeda dan 999 tingkat membuka item baru dan koin yang Anda pergi!
- Berinteraksi dengan Tom: Talk dan Tom masih mengulangi semua yang Anda katakan. Poke, stroke dan menggelitik dia, dan melihat bagaimana dia merespon.
Mod Info :
- Infinite Money
App By :
- Outfit7
Type APK :
- Free (Mod)
My Komentar :
Tonjok Tom nya neh lebih seru !!!
How to install / Cara Install :
Klik link di sini >>> CARA INSTALL APK + OBB DATA DI ANDROID
Link Download :
- MY TALKING TOM V.3.8.1.57 APK MOD | (71 MB) Via. Uploads
Author :
- DragonHaXing
Thank You For Downloading !!! MY TALKING TOM !!!
Available link for download
My Amicus Brief Has Been Filed in Ariad v Lilly
My Amicus Brief Has Been Filed in Ariad v Lilly
I have filed an amicus brief in Ariad v. Lilly in support of neither party but arguing against the Lilly Written Description Requirement (LWD), available here.
My brief essentially argues that LWD has been applied by the courts and PTO in an arbitrary and inconsistent manner that lacks any rational basis in law, science, or policy, and in a manner that can effectively preclude some biotechnological inventors from obtaining adequate patent protection for their inventions, particularly inventions relating to proteins and DNA. My arguments dovetail in large part with those made by Novozymes in the brief they filed a couple days ago.
My colleagues Mark Janis (Indiana University) and Tim Holbrook (Emory University) have filed their own amici brief, arguing that there is no independent written description requirement, and that enablement is the proper and only doctrinal tool for policing claim scope and for determining whether a disclosure supports later added claims.
Available link for download
Tuesday, February 14, 2017
Myriad Files Brief in AMP v PTO
Myriad Files Brief in AMP v PTO
Myriad filed its brief with the Federal Circuit last Friday in its appeal of the district court decision in AMP v. PTO, which found Myriads gene patents to be patent ineligible. The brief is available here, I will provide some commentary tomorrow.
Available link for download
Monday, February 13, 2017
N O V E L T Y Charlie May aw13
N O V E L T Y Charlie May aw13
Every season, my buddy Charlie completely blows me away with her new collections, collaborations and campaigns. But now she has really, really outdone herself. Behold some of the campaign images of her current autumn winter collection. Just today she launched her very own online shop( << click,click,click guys!) where you can get these pieces. Hurray for Charlie! So proud of her!
images by: Nicole Maria Winkler
Available link for download
Friday, February 10, 2017
MY BOY! GBA EMULATOR V 1 7 2 CRACKED APK MAIN GAME BOY ADVANCE DI ANDROID
MY BOY! GBA EMULATOR V 1 7 2 CRACKED APK MAIN GAME BOY ADVANCE DI ANDROID
My Boy! - GBA Emulator v.1.7.2 Cracked APK (main game boy advance di android)
My Boy! - My Boy! adalah emulator super cepat dan fitur lengkap untuk menjalankan game Game Boy Advance pada kisaran luas perangkat Android, dari sangat low-end ponsel ke tablet modern. Mengemulasi hampir semua aspek dari perangkat keras yang nyata correctly.This adalah jauh hanya emulator yang mendukung link kabel emulasi dengan kecepatan yang layak.
Yang Baru / Whats new | Fitur / Feature :
- Fastest emulation. Easily get to 60 FPS without frame skips on medium-end devices.
- Excellent game compatibility. Run nearly all games without a problem.
- Saves your battery as much as possible.
- Link cable emulation either on the same device, or across devices over Bluetooth or Wi-Fi, running at decent speed.
- Gyroscope/tilt/solar sensor and rumble emulation through your Android’s hardware sensors and vibrator!
- Enter multilined GameShark/ActionReplay/CodeBreaker cheat codes and enable/disable them on the fly while the game is running.
- High-level BIOS emulation. No BIOS file needed.
- IPS/UPS ROM patching
- OpenGL rendering backend, as well as normal rendering on devices without a GPU.
- Cool video filters through the support of GLSL shaders.
- Fast-forward to skip long stories, as well as slow down games to get past a level you cannot in normal speed.
- Save games at any time with screenshot
- On-screen keypad (multi-touch requires Android 2.0 or later), as well as shortcut buttons such as load/save.
- A very powerful screen layout editor, with which you can define the position and size for each of the on-screen controls, as well as for the game video.
- External controllers support, through either the Android native way or input method.
- Well-designed user interface. Seamlessly integrated with the latest Android.
- Create and switch to different screen-layout and key-mapping profiles.
- Create shortcuts to easily launch your favorite games from your desktop.
App By :
- Fast Emulator
Type APK :
- Paid
My Komentar :
Main GBA di ANDROIDmu !!!
How to install / Cara Install :
Klik link di sini >>> CARA INSTALL APK + OBB DATA DI ANDROID
Link Download :
- APK
- MY BOY! - GBA EMULATOR V.1.7.2 CRACKED APK | (1 MB) Via. Uploads
Author :
- DragonHaXing
Available link for download
Thursday, February 9, 2017
N O V E L T Y Jef Montes Ritualistic First Show Illuminosa
N O V E L T Y Jef Montes Ritualistic First Show Illuminosa
Attending the Jef Montes show at Vodafone Firsts Fashion Lab was like attending a ritual from another planet.
The image of a burning communion candle appears behind the runway. The first girl comes out, holding two blue tubes in her hands like candles and steadily walks down the runway to a slow beat. Halfway she suddenly, yet slowly turns around the tubes and blue ink starts pouring out over her chest, staining the white gauze dress and leaving a blood like trail behind on the runway (see video!). The following models step through the ink, staining the bottom of their gowns and shoes and spreading the blue fluid.
Dripping wet hair and bleached brows. The blue fiberglass pieces are so shiny and smooth in the way they move that they seem liquid. The references to traditional catholicism and this high tech futuristic outcome. Hearing Jef explain all his hard work and thoughts behind it personally (little details like; embroideries are on the left side because thats where your heart is), and seeing the finished product of his ideas right next to him was incredibly moving.
The amount of techniques, the extensive fabric researching that has gone into this collection blew my mind. Fiberglass weavings, burnt silk to create a pattern, steaming and heating synthetics to make the fabric bulge and appear wet, tiny tiny beaded details, hand painted fiberglass panels, wool binded to fiberglass just to name a few things. No matter how many backstage pictures, ultra close ups or live videos you show, there is nothing like seeing these couture pieces in real life. Kudos to Jef.
The image of a burning communion candle appears behind the runway. The first girl comes out, holding two blue tubes in her hands like candles and steadily walks down the runway to a slow beat. Halfway she suddenly, yet slowly turns around the tubes and blue ink starts pouring out over her chest, staining the white gauze dress and leaving a blood like trail behind on the runway (see video!). The following models step through the ink, staining the bottom of their gowns and shoes and spreading the blue fluid.
Dripping wet hair and bleached brows. The blue fiberglass pieces are so shiny and smooth in the way they move that they seem liquid. The references to traditional catholicism and this high tech futuristic outcome. Hearing Jef explain all his hard work and thoughts behind it personally (little details like; embroideries are on the left side because thats where your heart is), and seeing the finished product of his ideas right next to him was incredibly moving.
The amount of techniques, the extensive fabric researching that has gone into this collection blew my mind. Fiberglass weavings, burnt silk to create a pattern, steaming and heating synthetics to make the fabric bulge and appear wet, tiny tiny beaded details, hand painted fiberglass panels, wool binded to fiberglass just to name a few things. No matter how many backstage pictures, ultra close ups or live videos you show, there is nothing like seeing these couture pieces in real life. Kudos to Jef.
/ thanks to Vodafone
/ backstage photos by Romeo
/ backstage photos by Romeo
Available link for download
Wednesday, February 8, 2017
Mundo Sin Fin 1956 V O S E World Without End
Mundo Sin Fin 1956 V O S E World Without End
sinopsis:
Cuatro astronautas regresan de la primera misión a Marte tripulada por humanos y entran accidentalmente en un túnel del tiempo que los lleva a la Tierra del siglo XXVI. Nuestros héroes tienen que lidiar allí con cavernícolas mutantes, arañas gigantes, bellezas en minifalda y vejestorios tocados con casquetes brillantes a la vez que intentan salvar a la humanidad de un mundo sin fin...
Ficha Técnica
Comentario
“World Without End” es la pelicula de mayor presupuesto de Ed Bernd, el realizador de algunos titulos emblemáticos del fantástico de los cincuenta, como “Return of the Fly” (1959) o “Queen of Outer Space” (1958).
La tripulación de un vuelo espacial, cuyo destino es Marte, atraviesa un pliegue temporal y aterriza en la Tierra del año 2508. Lo que era de esperar (no olvidemos que en los años cincuenta se daba por hecho que una guerra nuclear, tarde o temprano, devastaría el planeta) sucede y la Tierra, efectivamente, ha sido desolada por un hoIocausto atómico. La superficie terrestre es pasto de una multitud de mutantes y extrañas arañas gigantes, y los humanos que sobrevivieron a la catástrofe han formado una civilización cuyo hábitat es un mundo de galerías en el subsuelo del planeta. Los astronautas recién llegados, liderados por Hugh Marlowe, deciden adiestrar a los humanos en la lucha contra los mutantes.
Tanto la filmación en Cinemascope y los suntuosos decorados, como los modelitos diseñados por el famoso ilustrador Alberto Vargas (dibujante de
pin-ups), son elementos que se revelan poco menos que innecesarios ante lo tópico del guión y la marmórea realización de Bernd, que tendría momentos mejores con menos dinero.
Obviamente la historia está basada en la novela “La Máquina del Tiempo”, de H. G. Wells, aunque en este caso los mutantes viven en la superficie y los humanos bajo ésta, llegando el autor a presentar una demanda por plagio contra Allied Artists cuando la película fue estrenada. Aunque desconozco el resultado del litigio. Lo que sí es curioso es la participación de Rod Taylor en este supuesto plagio y la versión del original de Wells, de George Pal, “el tiempo en sus manos” (1960).
Links descarga
(Rapidshare)
http://rapidshare.com/files/394031987/capriworldeithoutend.part01.rar
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http://rapidshare.com/files/394382134/capriworldeithoutend.part11.rar
(Megaupload)
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pass: plan9blog
Available link for download
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