I had not seen this lawsuit filed by Gilead against AbbVie and Abbott before. It is an interesting read. According to Gilead:
Abbott executives and “inventors” conspired and carried out the initial steps of the company’s scheme by filing serial fraudulent patent applications asserting that Abbott had invented methods of treating HCV using PSI-7977 as well as the Gilead Combination (as well as thousands of combinations of Abbott’s other competitors’ HCV compounds). The first of these applications is dated October 21, 2011.
KEI asks FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments
July 15, 2014
Knowledge Ecology International (KEI) asks the FTC to investigate Shire decision to abandon efforts to compete in US market for Fabry’s disease treatments. Letter to FTC provides evidence of possible conspiracy to segment markets, involving licensing of an NIH funded invention for use in Europe, in return for abandoning efforts to enter US market.
For More Information:
James Love, Knowledge Ecology International
New UK Parliamentary report on Global TB urges the United Kingdom to explore a WTO Agreement on the Provision of Public Goods
On 8 July 2014, the United Kingdom of Great Britain and Northern Ireland's All-Party Parliamentary Group on Global Tuberculosis (APPGTB) released a seminal report entitled, "Dying for a Cure: Research and Development for Global Health." The APPGTB is co-chaired by Andrew George MP (St Ives, Liberal Democrat), Rt Hon Nick Herbert MP (Arundel and South Downs, Conservative) and Virendra Sharma MP (Ealing Southall,
In "Compulsory License as a Remedy for Trade Secret Misappropriation, Dennis Crouch writes* about a July 1, 2014 decision in Sabatino Bianco, M.D. v. Globus Medical, 2:12-cv-00147 (E.D. Tex 2014). The decision by Judge Bryson, a U.S. Circuit Judge in the Eastern District of Texas, concerns trade secrets which:
"consisted of ideas for the design of a medical device known as an adjustable intervertebral spacer or implant. Intervertebral spacers are used in spinal surgery to replace damaged discs in patients’ spines."
Senators Wyden and Grassley launch investigation of pricing of Sovaldi, treatment for Hepatitis C Virus
Senators Wyden and Grassley have written a very tough request for documents about the pricing of Sovaldi, sent to John C. Martin, the Chair and CEO of Gilead Sciences.
The eight page letter sets out in 21 number paragraphs and countless sub-paragraphs a set requests for documents and information related to a very sweeping number of issues relating to Hepatitis C, and the pricing of Sovaldi (Gilead's brand name for sofosbuvir).
The Grassley press release on the letter is here:
28 October 2014: WTO Innovation Fair on the margins of WTO TRIPS Council review of the Paragraph 6 system
On 28 October 2014, the World Trade Organization (WTO) will host the inaugural WTO Innovation Fair which will "feature a diverse array of creators and inventors including individuals and organizations from around the globe and will serve as a platform for exchange of information, introduction of new technologies and advancing the understanding of the innovation lifecycle – from research and development, to financing and commercialization." (Source: Website of the Permanent Mission
IGC28: African Group Statement on Convening a Diplomatic Conference for the Protection of Genetic Resources, TK and folklore
On 9 July 2014, Kenya, on behalf of the African Group, delivered the following closing statement articulating its view that substantial progress had been made in text-based negotiations on genetic resources, traditional knowledge and folklore for the WIPO General Assembly in September 2014 to take a decision to convene a Diplomatic Conference in November 2015.
Friend of the Chair's text- Proposed IGC Work Plan for 2014-2015: The Road Ahead for Genetic Resources, TK and Folklore?
*The author thanks KEI intern (Anelise Rosa) for her comprehensive notes on the IGC deliberations.
The WIPO Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC/GRTKF) is meeting from 7 July 2014 to 9 July 2014. Pursuant to the mandate of the WIPO General Assembly decision in 2013, the Committee is pursuing text-based negotiations with the objective of reaching an agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions.
Proposed Draft Conclusions regarding the Broadcasting Treaty and L&E for libraries and Archives.
At 10pm, le SCCR 28 reconvened in plenary to present the conclusions of the committee. Kenya, Brazil and India are diplomatically pushing back on nuances such as differences between "meaningful progress" or "meaningful discussions" regarding the proposed treaty for broadcasters. However, it is difficult to deny that a diplomatic conference is around the corner.
Discussions regarding exceptions for Libraries & Archives (and maybe Conclusions?) on last day of the SCCR 28
Day 5 of the SCCR 28, July 4, 291410Am to 1:15PM
These are the notes from my statement on behalf of KEI on July 3, 2014, during the WIPO SCCR 28 discussions of principles and objectives for library copyright exceptions. The WIPO discussions on July 3 focused on the four topics in the US paper, SCCR/26/8.
I will start with comments on the statements made by the Federation of Independent Journalists, which were critical of library copyright exceptions, and authors who don't make a living directly from royalties.
All authors have used libraries. Some authors still use libraries.
This was read today at SCCR 28, by Anelise Rose, who works with KEI, on behalf of TACD.
TACD Intervention on US paper SCCR/26/8,
On the first topic, the ADOPTION OF NATIONAL EXCEPTIONS,
SCCR 28 July 3, 2014 day 4 Plenary. 10am to 1pm
After 3 days of discussions on the broadcasters' needs and wants, today, the Committee started to discuss "objective & principles" for exceptions and limitations for libraries and archives with a presentation by the delegation of the United States.
The first topic was national exceptions followed by research and human development (next blog). This afternoon the 3rd point will be exceptions and limitations in a digital environment.
SCCR28: Chile's response to US paper on objectives/principles for copyright L&Es for libraries & archives: National exceptions
3 July 2014
On day four of WIPO SCCR28, Chile delivered the following nuanced response to the discussion of "Adoption of National Exceptions" in the US paper on Objectives and Principles for Exceptions and Limitations for Libraries and Archives.
2 July 2014
On day 3 of WIPO's Standing Committee on Copyright and Related Rights (SCCR28), Chile delivered the following opening statement on copyright exceptions and limitations
Sr Presidente, nos alegra verlo presidir este comité y agradecemos a la secretaría por la labor realizada para llevar a cabo esta reunión.
2 July 2014
On day 3 of WIPO's Standing Committee on Copyright and Related Rights (SCCR28), the United States of America delivered the following opening statement on copyright exceptions and limitations.28TH MEETING OF THE STANDING COMMITTEE ON COPYRIGHT AND RELATED RIGHTS, JULY 2, 2014
U.S. OPENING STATEMENT ON EXCEPTIONS AND LIMITATIONS (AS DELIVERED)
SCCR28: Presentation of US paper on objectives and principles for exceptions and limitations for libraries and archives
3 July 2014
On day four of WIPO SCCR28, the United States of America presented its paper on Objectives and Principles for Exceptions and Limitations for Libraries and Archives (SCCR/26/8) to the WIPO plenary.Morning Intervention:
Statement to WIPO SCCR 28 on Broadcasting Treaty by TransAtlantic Consumer Dialogue
Broadcasting Treaty: Collateral damage to public access
Consumers and users around the world do not want new layers of complications, barriers and costs added to their access to information, news and knowledge. The strong push towards a binding Broadcasting Treaty with a wide scope is in stark contrast with the rigid opposition on the part of a number of member states to even discussing new global norms to facilitate the essential cultural and scientific role played by libraries and archives. This contradiction is not understood by millions of consumers and citizens around the world.
Do we want to follow the greatest success stories with regards to public broadcasting that are based on flexible, fair copyright frameworks or do would we like to create new complicated and expensive legal barriers that inhibit innovative and plural public broadcasting?
If we consider public broadcasting a public good, is it acceptable to move toward creating a new global binding legal standard of copyright protection for broadcasting signals without first making clear exceptions and limitations to this new norm that are essential to the flow of information and culture?
We would like to know if the Broadcasting Treaty will threaten the right to freely quote broadcasts or circulate snippets of news. Consumers and users must know if the concrete scope of this legal norm will mean new obstacles to what we often access and share daily. We are afraid we might be opening up an endless, incomprehensible pandora box of overlapping rights on content between non-creators (broadcasters) and creators. We are also concerned that the protection of post-fixation rights can have a very negative impact in the online use of culture, news and information by consumers and users.
In the consideration of a new international legal norm for broadcasters we must not forget the common good of the free flow of information for citizens. The focus of our work should not be limited to satisfying the wish-list of one special interest group while ignoring the possible unintentional negative consequences on normal users.
Very clear public interest red-lines need to be drawn up, the scope of rights must be narrowly, clearly defined and the social impact of these new rights must previously be evaluated by independent experts.
David Hammerstein, TACD