By Kassity Liu
India’s Stringent Patentability Standards Cause Corporate Dissatisfaction
On February 12, the WSJ Law Blog reported that India’s standards for patentability may be leading to a lack of significant patent protection for important pharmaceutical drugs. Before 2005, India offered patent protection to processes for making pharmaceutical drugs, but no protection to the products themselves. After the patent system was extended to cover the products, a large number of multinational drug companies began to market their products in India. However, as time passed, many companies became dissatisfied as they found that the new laws were not as protective as the U.S. and Europe. The WSJ post notes several examples of inadequate protection, including the recent Deli High Court’s refusal to ban a competitor’s copy of Bayer’s cancer drug Nexovar. However, one executive of an Indian generic drug manufacturer favors India’s high standard for patentability, claiming that “[t]he U.S. would grant a patent to a piece of toilet paper.”
FBI Challenges Probable Cause Standard for Cell-Phone Data
On February 11, the WSJ Law Blog reported that Third Circuit panel in Philadelphia was set to hear an appeal on February 12 of a lower court decision denying the government’s request to access cell phone records without probable cause. Newsweek’s Michael Isikoff reports that the FBI has increasingly been obtaining cell-phone records for criminal investigations without a showing of probable cause. Advocacy organizations such as the Electronic Frontier Foundation and ACLU support the probable cause standard, and argue that Fourth Amendment requires the government to “show that it has good reason to think such tracking will turn up evidence of a crime” before it can pull private cell-phone data. However, the government believes that the Fourth Amendment does not protect cell-phone data which they consider to be “routine business records.”
P2P File-Swapper Thomas-Rasset Set to Face Third Jury Trial
On February 9, Ars Technica reported that Jammie Thomas-Rasset is set to face a third trial on the issue of damages. In her last trial, a jury returned a $1.92 million verdict against Thomas-Rasset, which the judge reduced to $54,000 on remittitur. The RIAA refused to accept the new award out of concern that the judgment would effectively cap statutory damages for individuals who illegally download and upload music to $2,250 per song. The new trial comes as a surprise to many, since the amount of damages is the only issue at stake, and the judge has already held that anything over $54,000 would be excessive.