Can Genes Be Patented? | Legal Updates Blog

December 1, 2012 ? 12:02

On Friday, the Supreme Court granted partial cert. in the?Assoc. For Molecular Pathology v. Myriad Genetics, Inc., 12-398. ?In other words, the Supreme Court agreed to decide only the first issue presented:

Can human genes be patented?

Myriad Genetics obtained patents for two genes, BRCA1 and BRCA2. ?Mutations of these genes correlate with an increase risk of hereditary breast and ovarian cancer. ?The patent claims include ?every single natural variation of the genes, including those that have not yet been isolated.?

The Association for Molecular Pathology claimed the patent inhibited scientific research and prevented patients from accessing their own genes. ?Further, the Association stated that because gene variation is created naturally.

Myriad claimed that the PTO has long recognized that claims to ?isolated? molecules of DNA reflect human-made, patent-eligible inventions. ?In fact, the PTO has issued over 40,000 patents drawn to DNA-related subject matter.

The District Court invalidated the patent on the grounds the patented genes were not ?markedly different.? ?The District Court held that Myriad did not ?alter its essential characteristic ? its nucleotide sequence that is defined by nature and central to both its biological function within the cell and its utility as a research tool in the lab.?

A divided 2-1 Federal Circuit found these genes were patentable. ?On remand following the decision of Mayo, the divided panel did not change their decision.

Myriad pointed to the lead opinion?s interpretation of Mayo. ?The lead opinion observed that ?[w]hile Mayo and earlier decisions concerning method claim patentability provide valuable insights and illuminate broad, foundational principles, the Supreme Court?s decision in Chakrabarty and Funk Brothers set out the primary framework for deciding the patent eligibility of compositions matter, including isolated DNA molecules.?

The Association pointed to Judge Lourie?s and Judge Bryson?s statements regarding Mayo. ?Judge Lourie stated that Mayo ?clearly ought to apply equally to manifestations of nature (composition claims).? ?Judge Bryson, in his dissenting opinion, interpreted Mayo?s method as asking whether the applicant made an ?inventive? contribution to the product of nature.

The NY Times has an interesting article here.

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Filed under legal decision, Appellate, courts, Supreme Court

Tagged as patent, gene, genes, isolated genes, patentability, patent of genes, Myriad Genetics, genetics, Association for Molecular Pathology

Source: http://fr2nc1z.wordpress.com/2012/12/01/can-genes-be-patented/

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Emotional intelligence: Are you a mindful leader? ? Business ...

If you?re a keen observer with sharp sensory perceptions, then you?re what Harvard psychology professor Ellen Langer calls ?a mindful leader.?

Mindful leaders possess curiosity, openness to new ideas and an awareness of their surroundings. They resist rigid thinking and bureaucratic rules.

To increase your mindfulness, watch how ?others interact. Try to connect cause and effect to see how an action leads to a reaction. If you hear someone in a group giggle, for instance, note whether the laughter builds.

Mindful leaders are rapt listeners. They seek understanding, not agreement. Nothing delights them more than to learn a new fact or gain an insight.

Thanks to their listening skills, mind??ful leaders are especially attuned to signs of change. They spot trends quickly, processing clues that others ignore. They?re also more emotionally intelligent, noticing colleagues? moods.

Many entrepreneurs excel in mindfulness. After launching companies, business builders tend to resist rigid habits of thought and remain flexible and receptive to wide-ranging stimuli.

Chief executives of huge corporations can also demonstrate mindfulness. Take A.G. Lafley, former CEO of Procter & Gamble. He enjoyed visiting with customers in their homes and supermarkets, seeking out their opinions without imposing his own.

? Adapted from ?13 Ways of Looking at a Leader,? Leigh Buchanan, Inc.

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Source: http://www.businessmanagementdaily.com/33226/emotional-intelligence-are-you-a-mindful-leader

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HUDA pushes for Dwarka e-way - Real Estate India

??|?? December 1, 2012 ?? 07:17am ??|Contributed by manoja

GURGAON: In order to put the construction of Dwarka expressway on the fast track, Haryana Urban Development Authority (HUDA) has decided to give alternative plots to residents whose houses are coming in the way of the road in upcoming Sector 110 A. HUDA has already acquired the land for this purpose and is in the process of drawing up a layout plan.

,The civic agency has acquired 50 acres of land in the sector which will be given to owners of 300 houses in Palam Vihar and Kherki Dhaula. Around three kilometres of Dwarka Expressway, also known as Northern Peripheral Road (NPR), lies between Palam Vihar and Kherki Dhaula.

,These 300 houses are coming in the way of the construction of the 150-metre-wide road. Earlier, when the land acquisition department of the Haryana government asked people to vacate their homes for new development, the house owners approached Punjab and Haryana high court for relief.

,After this, the high court issued a stay order on acquiring the land forcefully. Besides that, the court directed HUDA and owners to sit together and find an amicable solution. After all the negotiations, HUDA offered plots to the house owners in Sector 47, but the house owners demanded that they should be given land to the existing areas and the compensation should be based on present market rate.

-Now, HUDA has offered plots in Sector 110 A. Praveen Kumar, HUDA administrator, said, ?The work on Dwarka expressway will soon be completed. The department has already acquired land.?

,He added that issues like shifting of high tension cable and other minor works would soon be addressed.

,Dwarka Expressway can?t be made functional until all the ongoing litigation cases are resolved and. At present, out of a total length of 18 kilometres work is happening on a 14-kilometre stretch. Construction work is hampered by a host of issues including legal cases.

,NPR is being built under the public private partnership (PPP) model and will connect Dwarka in Delhi with National Highway 8 at Kherki Dhaula. ,The project has already missed two deadlines. Initially, the plan was to complete the road by March 2012, but it was later extended till September 30. No new deadline has been announced in the recent past.

http://timesofindia.indiatimes.com/city/gurgaon/HUDA-pushes-for-Dwarka-e-way/articleshow/17424105.cms

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Source: http://www.indianrealtynews.com/real-estate-india/gurgaon/huda-pushes-for-dwarka-e-way.html

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Lindsey Vonn wins again at Lake Louise

LAKE LOUISE, Alberta (AP) ? Lindsey Vonn won the season-opening downhill Friday for her 12th career World Cup victory at Lake Louise, renewing her desire to race against the men at the Canadian resort.

"When you say you want to race the men, you can't really not win the women's races," said Vonn, whose bid to race in the men's event last week was denied by FIS.

"I knew that and I definitely was trying to prove a point, I think mostly to myself, but to everyone else who doesn't think I should race with the men. Hopefully it works out. Maybe it won't, but I think my skiing will speak for itself."

Vonn finished in 1 minute, 52.61 seconds to beat American teammate Stacey Cook by 1.73 seconds. Germany's Maria Hoefl-Riesch and Liechtenstein's Tina Weirather tied for third in 1:54.35 in the race interrupted a few times because of fog and poor visibility.

Vonn raced for the second time since returning from a stomach bug that landed her in the hospital. Last week in Aspen, Colo., she was 21st in the giant slalom, then skipped the slalom.

"It seemed like everything was going wrong," Vonn said. "It's hard sometimes to believe that you're going to turn things around. I just keep fighting and every day, I keep trying my best. I was just so happy I was able to come out today and ski the way I wanted to. It was just a big sigh of relief."

The 28-year-old from Burnsville, Minn., a four-time overall World Cup champion, will race another downhill Saturday and in a super-G Sunday. She swept the three races last year.

"The only thing I'm concerned about at this point is my energy level and trying to make sure I have enough energy for the next couple of days," she said. "It was a long time standing out in the cold today and hopefully I can just get some good recovery in today and maintain what I have and be able to ski the way I want to."

Vonn won after skipping a training run Thursday because of more stomach pain.

"It's just that my stomach is really sensitive, so I had some funny eggs or, I don't really know what it was," she explained. "It seems like it doesn't really matter what I eat, something can sometimes trigger it. I definitely wasn't feeling well yesterday.

"I didn't do the training run, which I've never done before in my life, so I was nervous today. I know this hill better than anywhere else in the world and I gave it my best shot and was really happy with my run."

Cook, from Mammoth Mountain, Calif., collapsed into her mother's arms and cried when she realized she would stand on a World Cup podium for the first time in her career.

"Someone told me this was my 150th World Cup start. One hundred and fifty tries to get on the podium," Cook said. "Nine years of it. It's a long time coming and my parents they come to one race every three years. For them to choose this one was really special.

"I've battled so much in my career and most of the battles have been within myself, just figuring out how to compete with these girls that seemed to be so much more gift than me, and trying to overcome that."

American Julia Mancuso was eighth, and teammate Laurenne Ross finished 11th.

Source: http://news.yahoo.com/lindsey-vonn-wins-again-lake-louise-223030478--spt.html

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Asia stocks rise on US data, budget talks

BANGKOK (AP) ? Asian stock markets posted gains Friday on optimism over a pair of positive U.S. economic reports and growing expectations that Washington will resolve a budget impasse before the end of the year.

Meanwhile, the release of an 880.3 billion yen ($10.7 billion) stimulus package by the Japanese government helped boost the Nikkei 225 index in Tokyo. The benchmark rose 0.8 percent to 9,480.26 in early trading.

Hong Kong's Hang Seng added 0.7 percent to 22,059.10 and Australia's S&P/ASX 200 advanced 0.8 percent to 4,512.90. South Korea's Kospi was nearly unchanged at 1,934.73. Benchmarks in Taiwan, Singapore and New Zealand also rose.

Investment sentiment was boosted by signs of improvement in the world's No. 1 economy.

The Commerce Department raised its estimate of third-quarter growth to an annual rate of 2.7 percent ? much better than the 2 percent rate estimated a month ago. A drop in claims for unemployment benefits. Additionally, the number of Americans applying for unemployment benefits dropped by 23,000 to 393,000 last week, the Labor Department said. The figures were in line with expectations.

Investors have been tracking the talks between the White House and Congress over the "fiscal cliff," a reference to sharp government spending cuts and tax increases scheduled to start Jan. 1 unless a deal is reached to cut the budget deficit. Economists have been warning that failure to resolve the issue will severely impact the U.S. economy, the world's largest.

Analysts said the focus of attention will likely remain on the U.S. in coming weeks, especially now that countries that use the euro and the International Monetary Fund have agreed to carry on funding nearly bankrupt Greece.

"For the day ahead, the 'fiscal cliff' will likely remain in focus while economic data are expected to take a back seat given a relatively light data calendar," said analysts from Credit Agricole CIB in Hong Kong.

No major progress was reported after contentious talks in Washington on Thursday, with Republican House Speaker John Boehner rebuffing a proposal by President Barack Obama because it lacked "sensible spending cuts." But it is widely expected that a compromise will be reached before the deadline.

Benchmark oil for January delivery was down 35 cents to $87.72 per barrel in electronic trading on the New York Mercantile Exchange. The contract rose $1.58 to close at $88.07 on Thursday on the Nymex.

In currencies, the euro rose to $1.2997 from $1.2972 Thursday in New York. The dollar rose to 82.44 yen from 82.15 yen.

___

Follow Pamela Sampson on Twitter at http://twitter.com/pamelasampson

Source: http://news.yahoo.com/asia-stocks-rise-us-data-budget-talks-030813076--finance.html

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Movie review: A Late Quartet | canada.com

A Late Quartet

Three stars out of five

Starring: Christopher Walken, Philip Seymour Hoffman, Catherine Keener, Mark Ivanir, Imogen Poots

Directed by: Yaron Zilberman

Running time: 106 minutes

Parental advisory: Sexually suggestive scene

Slowly dragging a horsehair bow across four taut strings of character, director Yaron Zilberman creates a tight little piece of cinematic chamber music in A Late Quartet.

Neither flamboyant nor sedate, this moody winter?s tale goes for a tempered, authentic mood as it scratches at the guts of a seasoned string quartet.

Christopher Walken pulls us into the ?F hole? of this particular instrument as Peter Mitchell, a veteran cellist who is diagnosed with Parkinson?s disease at the top of the picture.

Peter is obviously distraught by the news and begins to question his life purpose now that his musical sunset is on the horizon, but his bigger concern is the fate of the string quartet he helped birth many moons ago.

After stroking the hollow bodies of their wooden partners together for more than two decades, the quartet had developed its own voice and personality as the individual styles fused into one whole chorus.

They could be together without really talking and get by on the fumes of familiarity, yet the creative side was beginning to slip, much to the chagrin of second violinist Robert (Philip Seymour Hoffman).

Eager to ditch the notes and sheet music to embrace the spontaneous life force of the spheres, Robert is hoping the pending shakeup will give him a shot at assuming the lead position of first violin.

Sadly, he?s the only one who feels that way because everyone else thinks Daniel (Mark Ivanir) is the epitome of string quartet perfection, a dedicated violinist who never ceases to practice and hone his skills.

In fact, Daniel?s chief champion is none other than Robert?s viola-playing wife, Juliette (Catherine Keener) ? a woman who used to date Daniel but ended up with Robert after conceiving a child.

That kid is all grown up now, and she, too, has musical ambitions. The only snag is she?s getting pointers from Daniel, and some of them aren?t entirely musical. Halfway through the film, these two fall into the proverbial sack, ensuring Zilberman?s dramatic etude of egos and art has endlessly soapy and operatic dimensions.

Mercifully, Zilberman resists the temptation to drag us around like a half-dead mouse. Instead, he gives us enough self-awareness and humour to mute the melancholy, allowing A Late Quartet to shimmy up the middle of the narrow art house chimney.

It?s a tight squeeze at times, and there are moments when the viewer may feel a little trapped by the close emotional quarters inhabited by the quartet. Yet, every time the walls close in, Zilberman finds a nice human soft spot to let us crawl through.

For instance, the affair between Daniel and Alexandra (Imogen Poots) is cringe-inducing on several levels, but just when it looks like the whole tawdry business could result in tragedy, Zilberman pulls back and opens the door to gentle, observational comedy.

He does this over and over again, using the movements of Beethoven?s Opus 131 as his dramatic template.

Considered one of the hardest pieces of music to play because it contains no rests, Opus 131 has a lot more notes than Zilberman?s screenplay, but it proves a workable musical metaphor for the movie because it has plunging depths and giddy heights.

The actors play with these motifs and scenes with the same creative commitment as a musician approaching a page of sheet music. They want to make it their own, without compromising the inherent integrity of the piece through ego.

That said, Hoffman, Walken, Keener and Ivanir make a rather impressive thespian quartet. Not only do we believe in them as characters, Zilberman?s crafty direction and use of doubles allows us to believe in them as musicians, as well.

Walken may be the biggest treat in the movie, because as the veteran leader of the quartet facing a life-altering physical change, he?s the reservoir of soul and the most sympathetic figure on screen ? which isn?t always the case for the man who is usually hired to play unhinged and unpredictable oddballs.

Walken looks emancipated in the role of Peter, and with every carefully crafted moment of screen time, he makes us think about the big dilemma of continuity in an ever-changing world.

Because the script takes its foot off the dramatic gas every time it looks like it?s going all Thelma & Louise over the cliff, the viewer can sit back and enjoy the urban ride as Zilberman does a great job pulling out the exotic yet everyday bits of life experience that define a musical vocation.

Combined with evocative shots of a snow-covered Manhattan and texture-soaked close-ups of ancient stringed instruments, A Late Quartet emerges as a good-looking and well-acted drama ? but one that fails to make a deep impression one way or another.

Source: http://o.canada.com/2012/11/29/movie-review-a-late-quartet/

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The Three-Ingredient Winter Cocktail | Women's Health Food Blog ...

Twelve-ingredient tiki drinks are fine in the summer, when a little melting ice in your glass feels just right. But it?s winter, and when you want a drink to warm you up from the inside out, you don?t want to wait for it.

Andrew Halden, beverage director for the Whitehall Bar + Kitchen and Highlands restaurants in New York City, has just the thing.

His seasonal riff on a classic cocktail subs beet puree for vermouth, adding a lovely purplish color, cranberry sauce tartness, and a dose of potassium, B vitamins, and antioxidants to your glass.

You can use beet juice from the store, too, but Halden warns to look out for added sugar or the drink might end up too sweet. If you plan ahead, roast some beets with honey and thyme and puree them with a little extra water. And no, Halden reassures, ?this won?t taste like a vegetable smoothie.?

Beet Negroni

1 oz. beet puree
1 oz. Campari
1 oz. gin
fresh rosemary sprig, for garnish

Combine all ingredients in a cocktail shaker with ice. Shake thoroughly and strain into a cocktail glass. Garnish with rosemary.

photo: Adrian Barry

More from?WH:
The Most Underrated Breakfast
Dessert You Can Drink: Pumpkin Pie Martini
No-Fail French Cooking

Get the latest and greatest fit tips! Buy Tone Every Inch: The Fastest Way to Sculpt Your Belly, Butt, & Thighs!

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Source: http://blog.womenshealthmag.com/food/happy-hour-the-three-ingredient-winter-cocktail/

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