There goes the neighborhood!

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“Licensed to Ill”

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#3031
Jun 17, 2013
 

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Chris - PSL wrote:
<quoted text>I didn't watch it live either, but caught a glimpse of it on this morning's news. My jaw dropped!
Now, in regards to patenting DNA. I had no idea, so I did some research. What bothers me, I used Myraid Genetics a few years back. I paid a whole ton of moolah for my BRCA1 and BRCA2 because they hold a patent? WTH!!??!! How does anyone patent anything that's natural in ones body???
Thatís what the Court decided. DNA sequences found naturally in the body or in nature are not eligible patent subject matter.
cDNA, however, is eligible subject matter (meaning it is not automatically barred), but more court cases will need to play out to see if such patent claims directed at the cDNA are nonetheless obvious and thus still not patentable. There have been some scholars opining that this will be the case, i.e. such claims will be obvious, but Iím not so sure because just because natural DNA sequences are not eligible subject matter and even if they are known, this does not necessarily mean the underlying function of a particular DNA sequence is ďknownĒ or the function of the resulting mRNA is known such that it would be obvious to one of ordinary skill in the art to create the specific cDNA at issue. Seems to me that is where the inventiveness would arguably come into play and some of the scholars (including one from Stanford) are confusing two separate issues. I have to read an important case (Prometheus v. Mayo) on that issue, however, first before having an informed opinion.

Incidentally, my patent law professor was cited in an authoritative article on it Ö heís really making a name for himself. When I had him he was fresh from private practice Ö really great professor, IMO, but Iím biased because when I was in school he tried to get me an internship in his old firm and told me out of anyone in the class, Iím who he would recommend. We had a very good rapport. Heís now an associate dean at another school Ö itís nice to see him doing so well.

Interestingly, in Europe naturally occurring DNA is patentable. So, there are currently conflicts in the law. Not sure if Congress will step in here and change the law. I mean, you do want biotech companies to have an incentive to develop these medicines and diagnostic tests, rite? Thatís the whole reason why we have patents and thatís also why Europe changed their laws to specifically make naturally occurring DNA patentable. Pharmaceutical companies will not research these medicines in the absence of some assurance that their investments will be protected. Itís a complicated area and there are many things that need to be balanced.

However, it is my understanding that Myriad Genetics has a lot of proprietary trade secret information that will be useful in their commercial endeavors. So this decision may not be fatal to them.

“Licensed to Ill”

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#3032
Jun 17, 2013
 

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Chris - PSL wrote:
Susan & Persephone, I didn't get the memo about "legs". LMAO
Hey, don't feel the need to limit yourself to just the legs. Boobs and the bikini area are cool too!

Now that I've made everyone blush, my work here is done for the day, I guess.

“Flip Flop Kind Of Day”

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#3033
Jun 17, 2013
 

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Sublime1 wrote:
<quoted text>
Thatís what the Court decided. DNA sequences found naturally in the body or in nature are not eligible patent subject matter.
cDNA, however, is eligible subject matter (meaning it is not automatically barred), but more court cases will need to play out to see if such patent claims directed at the cDNA are nonetheless obvious and thus still not patentable. There have been some scholars opining that this will be the case, i.e. such claims will be obvious, but Iím not so sure because just because natural DNA sequences are not eligible subject matter and even if they are known, this does not necessarily mean the underlying function of a particular DNA sequence is ďknownĒ or the function of the resulting mRNA is known such that it would be obvious to one of ordinary skill in the art to create the specific cDNA at issue. Seems to me that is where the inventiveness would arguably come into play and some of the scholars (including one from Stanford) are confusing two separate issues. I have to read an important case (Prometheus v. Mayo) on that issue, however, first before having an informed opinion.
Incidentally, my patent law professor was cited in an authoritative article on it Ö heís really making a name for himself. When I had him he was fresh from private practice Ö really great professor, IMO, but Iím biased because when I was in school he tried to get me an internship in his old firm and told me out of anyone in the class, Iím who he would recommend. We had a very good rapport. Heís now an associate dean at another school Ö itís nice to see him doing so well.
Interestingly, in Europe naturally occurring DNA is patentable. So, there are currently conflicts in the law. Not sure if Congress will step in here and change the law. I mean, you do want biotech companies to have an incentive to develop these medicines and diagnostic tests, rite? Thatís the whole reason why we have patents and thatís also why Europe changed their laws to specifically make naturally occurring DNA patentable. Pharmaceutical companies will not research these medicines in the absence of some assurance that their investments will be protected. Itís a complicated area and there are many things that need to be balanced.
However, it is my understanding that Myriad Genetics has a lot of proprietary trade secret information that will be useful in their commercial endeavors. So this decision may not be fatal to them.
This is all new to me. Like you, I'd like to do more research before offering an opinion. But, I can somewhat understand your point in companies having an incentive to develop these diagnostic tests and medicines. I guess it's safe for me to assume that Myraid Genetics thankfully had the patent for the BRCA1 & 2. In my circumstance, it was beneficial to my medical diagnose and surgical outcome.

“ROCK ON ROCKERS!!”

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Rockin' USA ;)

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#3035
Jun 17, 2013
 

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YO NEIGHBORS... TAKE YOUR MEDICAL JUMBLE TO THE DOC'S WAITING ROOM....

CRIPES SAKE..am trying to SUNBATHE....KINDA hard to do...WHEN..ya ALL are STARING... at me..in YOUR " SLICE and DICE" attire !!!!

Mooove alooooong Now!!

“<3”

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Black Rock City, NV

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#3036
Jun 17, 2013
 

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I'm going to go hit the water. Screw this house work stuff.

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#3037
Jun 17, 2013
 

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Chris - PSL wrote:
Susan & Persephone, I didn't get the memo about "legs". LMAO
Well that dang Ricky! Once again he must have forgotten in his continual search for his wallet.

Heh, heh

“268th Attack Hel Bn”

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AH-1S Cobra

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#3039
Jun 17, 2013
 
After noon folks. What a nice day today....For a Monday.

“Chillaxin”

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:)

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#3040
Jun 17, 2013
 
Howdy neighbors!
*put another shrimp on the BBQ*
*wave*

“Blue Jean Baby..”

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#3041
Jun 17, 2013
 
Maverick 808 wrote:
Howdy neighbors!
*put another shrimp on the BBQ*
*wave*
Smells delicious Mav ;)

“Chillaxin”

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#3042
Jun 17, 2013
 
Crazy Beautiful wrote:
<quoted text>
Smells delicious Mav ;)
Come on over. I have more than enough.
:)

“Blue Jean Baby..”

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#3043
Jun 17, 2013
 
Maverick 808 wrote:
<quoted text>Come on over. I have more than enough.
:)
Be right there! ;)

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#3044
Jun 17, 2013
 

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Crazy Beautiful wrote:
<quoted text>
Smells delicious Mav ;)
*peeks over fence*

*looks at crazy beautiful*

*looks at maverick*

*looks back at crazy beautiful*

*turns around and sits back down*

“Colorful Beyond Words”

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"True Love Never Ends "

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#3045
Jun 17, 2013
 
Maverick 808 wrote:
<quoted text>I'm Riff and Raff.
Twins ? Is that like ... Thing One and Thing two ?:)

“Colorful Beyond Words”

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#3046
Jun 17, 2013
 
Rotor Head wrote:
After noon folks. What a nice day today....For a Monday.
Evening Rotor ... Day was good here .. Late afternoon some pop-up thunder showers.

“Colorful Beyond Words”

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#3047
Jun 17, 2013
 
*waves to Crazy Beautiful and Ganny *

I'm off to watch the pool-boy .. Clean the pool ... Yep ..looking good ...

http://media.photobucket.com/user/Pandora822/... [term]=pool%20boy&filters[ primary]=images&filters[se condary]=videos&sort=1 &o=13

“Colorful Beyond Words”

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#3048
Jun 17, 2013
 
Oops sorry about that link ... Seems it doesn't want post correctly ...

Well just take my word for it ... VERY NICE !! Lol

“Blue Jean Baby..”

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#3049
Jun 17, 2013
 
Hatti_Hollerand wrote:
*waves to Crazy Beautiful and Ganny *
I'm off to watch the pool-boy .. Clean the pool ... Yep ..looking good ...
http://media.photobucket.com/user/Pandora822/... [term]=pool%20boy&filters[ primary]=images&filters[se condary]=videos&sort=1 &o=13
Hello Hatti!
Is he wearing a shirt?? lol!

“Colorful Beyond Words”

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#3050
Jun 17, 2013
 
Crazy Beautiful wrote:
<quoted text>
Hello Hatti!
Is he wearing a shirt?? lol!
Lets just say ... He is wearing VERY little !! And looking mighty fine doing it . LOL !!

“Chillaxin”

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#3051
Jun 17, 2013
 
Crazy Beautiful wrote:
<quoted text>
Be right there! ;)
*set another plate on the table*
:)

“Chillaxin”

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#3052
Jun 17, 2013
 
GANNY wrote:
<quoted text>
*peeks over fence*
*looks at crazy beautiful*
*looks at maverick*
*looks back at crazy beautiful*
*turns around and sits back down*
Shoo! You said you were going to stay on your side of the street.

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