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Court says human genes cannot be patented
Court News |
2013/06/13 09:21
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The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.
The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.
Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.
"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.
Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body.
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ID court rules man can face felony stalking charge
Court News |
2013/06/10 10:26
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The Idaho Court of Appeals has ruled that allegedly violating a Washington-issued no-contact order is sufficient to elevate charges against an Idaho man to felony first-degree stalking.
The judges on Friday reversed a 2nd District Court decision that had reduced charges against Paul Carey Hartzell to second-degree stalking, a misdemeanor.
According to court documents, a counselor who lived in Washington but worked in Idaho sought a no-contact order preventing Hartzell from contacting her for a year.
That's after he allegedly made unwanted advances, including at her home.
Initially charged with first-degree stalking, a judge reduced the charges against Hartzell.
That didn't sit well with prosecutors.
The Appeals Court agreed, ruling unanimously the district court judge erred by concluding the Washington state order couldn't elevate the Idaho charge to first-degree stalking. |
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US Supreme Court orders 6 death row cases reviewed
Court News |
2013/06/04 09:02
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The U.S. Supreme Court on Monday sent the cases of six Texas death row inmates, including one of the infamous "Texas 7" gang of escapees, back to a lower court for reviews of whether attorneys in earlier stages of appeals let the men down.
The decisions are in line with last week's ruling in another Texas case where the justices, in a 5-4 vote, said a condemned prisoner had deficient legal help early because appeals lawyers didn't raise challenges that his trial lawyers were ineffective.
The high court returned the cases to the 5th U.S. Circuit Court of Appeals for review. None of the six has a pending execution date, although some had come close to being put to death in the past before their punishment was delayed by the courts.
Among the condemned prisoners is Donald Newbury, 51, one of seven inmates who broke out of a South Texas prison in 2000. One fugitive killed himself as Colorado authorities closed in on the gang. The remaining six were convicted of killing a suburban Dallas police officer Aubrey Hawkins during a Christmas Eve robbery in Irving in 2000. Two of the six already have been executed. |
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Court Upholds Rifle Sales Reporting Requirement
Court News |
2013/06/01 10:52
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A federal appeals court panel has unanimously upheld an Obama administration requirement that dealers in southwestern border states report when customers buy multiple high-powered rifles.
The firearms industry trade group, the National Shooting Sports Foundation, and two Arizona gun sellers argued that the administration overstepped its legal authority in the 2011 regulation, which applies to gun sellers in California, Arizona, New Mexico and Texas.
But the three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said that the requirement was "unambiguously" authorized under the Gun Control Act of 1968.
The challengers argued that the requirement unlawfully creates a national firearms registry, but the court said because it applies to a small percentage of gun dealers, it doesn't come close to creating one.
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Chicago man pleads guilty in NY hacking case
Court News |
2013/05/30 10:20
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A self-described anarchist and "hacktivist" from Chicago pleaded guilty Tuesday to charges he illegally accessed computer systems of law enforcement agencies and government contractors.
"As part of each of these hacks, I took and decimated confidential information stored on computer systems websites used by each of the entities," Jeremy Hammond told a judge in federal court in Manhattan. "For each of these hacks, I knew what I was doing was against the law."
Prosecutors had alleged the cyber-attacks were carried out by Anonymous, the loosely organized worldwide hacking group that stole confidential information, defaced websites and temporarily put some victims out of business. Hammond was caught last year with the help of Hector Xavier Monsegur, a famous hacker known as Sabu who later helped law enforcement infiltrate Anonymous.
A criminal complaint had accused Hammond of pilfering information of more than 850,000 people via his attack on Austin, Texas-based Strategic Forecasting Inc., a publisher of geopolitical information also known as Stratfor. He also was accused of using the credit card numbers of Stratfor clients to make charges of at least $700,000. He allegedly bragged he even snared the personal data of a former U.S. vice president and one-time CIA director.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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