Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/267669406?client_source=feed&format=rss
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Sunday, December 2, 2012
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 Appellate, courts, legal decision, Supreme Court
Source: http://fr2nc1z.wordpress.com/2012/12/01/can-genes-be-patented/
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UK gas trading probe could trigger new rules - EnergyUK's Knight
LONDON (Reuters) - A probe into possible price manipulation in Britain's gas market, Europe's largest, could result in tighter regulation of energy trading, Angela Knight, chief executive of the EnergyUK lobby group, said on Friday.
"We need to see whether there is any more that needs to be done so there's the proper regulation in place to secure confidence in the market," said Knight, who moved to EnergyUK in September after heading the British Bankers' Association (BBA).
Britain's financial and energy regulators announced this month that they were reviewing information received by a whistleblower claiming that traders had manipulated prices in Britain's gas market.
Knight said some of the price manipulation issues alleged in the case would be addressed by new EU rules being rolled out to prevent market abuse in electricity and gas markets, also known as REMIT.
Yet she said the case was also somewhat unusual as the whistleblower had refused the customary identity protection and opted to speak about the allegations in public.
He also approached the financial regulator rather than energy watchdog Ofgem.
"I think that has therefore made it quite difficult for our authorities (...) The fairness about the British system is you aren't found guilty until the work has been done to determine whether you are guilty," Knight said.
Ofgem has often been accused of lacking prosecution powers compared with other regulators, but Knight said the energy watchdog had been keeping a close eye on unusual trading.
ENERGY LIKE BANKING
Knight, who spent five years at the helm of the bankers association, likened the energy market to the banking sector in that both sectors are going through major change.
Britain's banking sector is facing growing scrutiny on the back of the financial crisis and the energy market is set to be overhauled to encourage more low-carbon power generation.
"There are some evident parallels in that these are large important industries for the UK economy," said Knight, whose role it was to defend the banking sector at a time when it was widely blamed for causing global financial meltdown.
In her new role Knight said it was part of her job to restore reputation of energy companies which are often criticised for pocketing hefty profits for electricity and gas supply.
"A lot of the good can be completely sidelined by a small amount of the bad and I think that's a shame," Knight said, adding that EnergyUK was considering launching a public campaign to raise the profile of energy companies.
"If we're going to have that honest discussion with our customers, it has to be the industry, regulators, policymakers and the media, too, to find a way to explain which doesn't end up in finger pointing."
(Editing by Jason Neely)
Source: http://news.yahoo.com/uk-gas-trading-probe-could-trigger-rules-energyuks-164102362.html
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'Establishment guy' becomes Mexico's president
As protesters clashed, incoming Mexican President Enrique Pena Nieto said he aims to reduce drug-related violence, which has killed more than 60,000 people in the last six years. NBC's Lester Holt has more.
By Dave Graham, Reuters
MEXICO CITY -- Enrique Pena Nieto took over as Mexican president on Saturday, offering a shot at redemption for the party that shaped modern Mexico if he can bring about an end to years of violence and economic underperformance.
Returning the centrist Institutional Revolutionary Party, or PRI, to power after a 12-year hiatus, the 46-year-old Pena Nieto aims to use a recent improvement in the economy's fortunes to spark faster growth.
Shortly after midnight at the national palace, outgoing President Felipe Calderon formally transferred power to his successor, handing over a red, white and green national flag to Pena Nieto and saluting him.
"Today I begin to exercise the honorable office of president," said Pena Nieto, who then swore in his top security ministers.
Several thousand protesters, mainly from leftist groups that supported Pena Nieto's main rival and oppose his reform plans, massed outside Congress.
Police fired tear gas to try to disperse the protesters, who rattled metal barriers and ended up causing the swearing-in ceremony to be delayed Saturday morning. Elsewhere small groups of protesters threw Molotov cocktails.
"They have imposed an illegitimate president. There's lots of us here, this struggle is just beginning," said Frida, a 16-year-old student, her eyes stinging from the tear gas beneath a face mask and wearing a T-shirt emblazoned with the image of a guerrilla leader.
The Daily Rundown's Chuck Todd takes a Deep Dive into the relationship between U.S. and Mexico, and talks to Mexico's Former Foreign Minister and NYU Professor Jorge Castaneda about how the newly elected Mexican President Nieto's relationship will be with the United States going forward.
A former governor, Pena Nieto won the July 1 election with about 38 percent of the vote, more than 6 points ahead of second-placed leftist rival Andres Manuel Lopez Obrador.
Telegenic and married to a popular actress, Pena Nieto promises to restore calm after more than 60,000 people were killed in violence between drug gangs and security forces during the six-year term of his conservative predecessor.
"Unfortunately, this has been something which has made or formed the image of Mexico in the world," Pena Nieto said during a trip to Europe in October. "That's why there's no doubt dealing with lawlessness more effectively is a priority."
He says he is committed to the fight against organized crime, which dominated Calderon's presidency, but has also stressed his main goal is to reduce the violence.
The new president's right-hand man, Luis Videgaray, and close political ally Miguel Angel Osorio Chong will be the two key figures in his cabinet, running the finance and interior ministries respectively.
Analysis: Pena Nieto seens new start in ties to US
Having helped shepherd a labor reform through Congress since his election victory, Pena Nieto now wants to pass legislation to strengthen Mexico's tax base and allow more private investment in lumbering state oil giant Pemex.
If he is successful, the reforms could help spur stronger growth and create jobs, blunting the allure of organized crime.
Like many of Mexico's best-known institutions, Pemex was a creation of the PRI, which ruled for 71 uninterrupted years until it was voted out in 2000. By then, the party had become a byword for corruption, cronyism and vote-rigging.
Annual economic growth averaged less than 2 percent under the National Action Party, or PAN, over the past 12 years. That record and growing worries over the drug war violence opened the door for a PRI comeback under Pena Nieto.?
Still, inflation has been kept in check, debt levels are low and growth picked up toward the end of Calderon's term, with the economy outperforming Brazil's in the past two years.
"Maintaining that stability is going to be one of the biggest challenges of the next government," said Phillip Hendrix, 44, a Mexican businessman.
Pena Nieto's inner circle features several ambitious young economists and financial experts eager to prove the PRI can do a better job of managing Latin America's second-biggest economy.
For much of the PRI's reign, Mexico enjoyed stronger growth than the PAN mustered, but memories linger of default on the country's debts in 1982 and a financial crash in 1994 and 1995.
"It's very hard to believe in the PRI. They bankrupted Mexico," said construction worker Jose Luis Mendoza.
Supporting a family of four on 1,300 pesos ($100) a week, Mendoza, 29, said he was worse off now than when Calderon took office, and doubted his life would improve under Pena Nieto. "The cost of everything has gone up - but my wage hasn't," he said.
Pena Nieto has pledged to put more money in Mexicans' pockets and shake up competition in a country where large swaths of the economy are concentrated in the hands of a few, like telecom billionaire Carlos Slim, the world's richest man.
But Pena Nieto has been vague so far about how he plans to create a more level playing field, and pollster Jorge Buendia said it would be foolish to expect radical change.
"Pena Nieto's not a reformist guy. He never has been," Buendia said. "He's an establishment guy and I don't think he's going to rock the establishment that much."
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Arizona Commercial Real Estate & Business News by Nick Miner ...
Here are the news articles you might find interesting today for commercial real estate and business:
To view the December 2012 Commercial Property Executive magazine, click here?
To view the 4Q12 Apartment Report by Marcus & Millichap, click here?
Inland Buys 80,000-SF Retail Center? Inland Diversified Real Estate Trust Inc., headquartered in Oak Brook, IL, continued adding to its portfolio with the acquisition of The Corner, an 80,155-square-foot shopping center that has?Nordstrom Rack?as its anchor. The Chicago-area REIT paid $29.5 million for the retail center, the third phase of the sprawling Oracle-Wetmore retail development.? View article?
MYSTERIOUS COSTA RICAN INVESTORS MAKE FIRST REAL ESTATE INVESTMENT IN VALLEY? New World Real Estate Investment I LLC in San Jose, Costa Rica paid $12.2 million ($161.55 per foot) to purchase a 75,518-square-foot office project located in the Deer Valley area of north Phoenix. The seller in the cash transaction was M-Edison Co. LLC/M-Whispering Wind LLC, both companies formed by The Mack Co. in Phoenix (Ralph Henig, principal).?? View article?
VEDURA RESIDENTIAL NABS SECOND VALLEY LOCATION FOR NEW APARTMENT PROJECT? Vedura Residential in Scottsdale (Bruce Hart, Paul Fannin, Jason O?Clair, principals) plans to develop a 163-unit apartment complex just west of the northwest corner of Pecos and Dobson roads in Chandler. Vedura Chandler Manager LLC (a Vedura entity) paid just over $1.777 million to buy the 6.2-acre site. The seller was Westco Development Group LLC in Scottsdale (Ted Sarhangian, manager).? View article?
Estrella Town Center Sells for $1.8M? A private investor sold the Estrella Town Center to Spim LLLP for $1.83 million, or about $136 per square foot. The building is located at 7710 W. Lower Buckeye Rd. in Phoenix, AZ.? This multi-tenant retail center was built in 2006 and was about 60 percent occupied at the time of sale.?? View article?
Two Tempe Apartment Complexes Noticed For Trustees Sale, 239 Units / $8.3M+ Debt? An entity formed by Pacific Western Bank has?recorded two notices of trustee sale on apartment complexes just east?of the ASU Tempe campus- near Rural & Lemon. Trustee sale auction is set for?2/27/13 @ 10am for both properties.? View article?
Humberto Lopez Sells The Montana Apartments to Aion Partners Omar Mireles, Vice-President of HSL Properties as signatory, and Humberto Lopez as that firm?s principal, have completed the sale of The Montana Apartments to Aion Partners of New York for $11.5m or $92,741.93 per door. Aion paid $3,009,000 in cash for the property and secured $8.5m new multifamily portfolio debt issued by CBRE Capital Markets, maturing December 1st, 2022 and assigned to Freddic Mac at origination.? View article?
Phoenix holding meeting on future of westside? Phoenix Mayor Greg Stanton and city council members are holding a town hall meeting on the future of west Phoenix.? ?We?re going to be talking about the extension of the light rail, we?re going to talk about the Maryvale Core Plan, we?re going to talk about partnerships with Mexico to attract businesses here,? said Councilman Michael Nowakowski.? View article?
How the fiscal cliff could decimate Arizona?s real estate sector? The nerves of Arizona real estate professionals have been fraying a little more with every passing week as lawmakers in Washington attempt to reach a middle ground by year?s end to avoid the so-called fiscal cliff, which is widely feared will throw the nation?s still-fragile economy back into recession.? In a state where the local economy has traditionally been extremely reliant on real estate, Arizona?s rapid recovery of its housing market will almost certainly relapse should the nation drop off the fiscal cliff, Elliott Pollack, an economist and CEO of Scottsdale-based Elliott D. Pollack & Co., told me this week.? View article?
Tension in Navajo Nation over proposed Grand Canyon tourist attraction? Ty Tsosie was taught by his Navajo elders that when he needed spiritual reflection, he could go to the confluence of the Colorado and Little Colorado rivers, a sacred place to the tribe. ??If you feel good about something, if you feel down about something, you go out there and pray,? Tsosie said.? But he fears that in the not-too-distant future he could be sharing that sacred place on the eastern rim of the Grand Canyon with camera-toting tourists.? View article?
Fourth Quarter Retail Investment Sales Volume Promises a Spectacular End to the Year? The fourth quarter of 2012 is shaping up to be an extremely strong period for retail investment sales, with overall transaction volume looking to overtake last year?s levels by a mile. In October, sales of significant retail properties rose 10 percent year-over-year, to $4 billion, according to Real Capital Analytics (RCA), a New York City-based research firm. Year-to-date, retail investment sales volume is up 7 percent compared to 2011, at $38.4 billion.? View article?
Source: http://www.nickminer.com/2012/11/commercial-real-estate-business-news-november-30-2012/
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Nod For Changing Farm Land Into Parking Sites - Real Estate India
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