Obama honors NBA Champion Miami Heat

WASHINGTON (AP) ? President Barack Obama honored the Miami Heat for winning the 2012 NBA Championship title after falling short just a year before.

"Everybody doing their part, is what finally put the Heat over the top," Obama said, as he welcomed the team to the White House Monday to celebrate their victory.

The Heat defeated the Oklahoma City Thunder in five games in the NBA Finals last June.

The president also recognized the franchise's work off the court. He thanked them for supporting military service members at Walter Reed National Military Medical Center. Obama said one of the things he's proudest of is that many of the team members? including LeBron James, Chris Bosh and Dwyane Wade? "take their roles as fathers seriously."

"For all the young men out there who are looking up to them over time, for them to see somebody who cares about their kids and is there for them, day in, day out, that's a good message to send," Obama said.

Miami Heat coach Erik Spoelstra said the team hopefully will serve as an inspiration to the nation of what can be done "when you come together and sacrifice your egos for a greater goal" and "hard-hat work ethic."

James, who presented Obama with an autographed basketball, said the team including members that hail from Illinois, Texas, Michigan, Ohio and South Dakota were honored to be in the executive mansion.

"We're in the White House right now, which is like, like 'mama I made it,'" James said, as the audience laughed and cheered.

The crowd of well-wishers included actress Gabrielle Union, U.N. ambassador Susan Rice, U.S. Education Secretary Arne Duncan and Congresswoman Debbie Wasserman Schultz. The Heat last visited the White House after winning the 2006 title.

Source: http://news.yahoo.com/obama-honors-nba-champion-miami-heat-193857315--politics.html

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As Suez cities burn, canal shipping sails on, for now

ABOARD RMS QUEEN MARY (Reuters) - Egypt's army stepped forward on Tuesday from its new place in the shadows of the fledgling democracy and pledged to defend the state after a week of bloody street violence in cities along the Suez Canal.

It was a measure of the canal's place in Egypt's economy, and the world's, that army chief Abdel Fattah al-Sisi explained the military deployment ordered by President Mohamed Mursi in terms primarily of protecting a waterway he called a "vital strategic interest" - it handles about a tenth of all global trade by sea.

As the United States, sponsor of the armed forces, sounded an alarm on Monday, the Egyptian admiral who heads the state's Suez Canal Authority was completing a symbolic sail along its 192 km (120 miles) between Port Said on the Mediterranean and Suez on the Red Sea. "Traffic," he said, "is 100 percent safe".

Still bringing in over $5 billion a year in hard-currency tolls - more than two percent of national income - while unrest since the fall of Hosni Mubarak has hobbled tourism and undermined the pound, the canal has been generating massive income for Egypt since it was nationalized in 1956.

After the violence that has killed at least 52 people in the past week, mainly in Port Said and Suez, at either end of the canal, the authorities are keen to keep it that way, all too aware of past closures caused by war.

"The army's deployment in the two provinces of Port Said and Suez aims to protect the vital, strategic interests of the state, foremost among them the Suez Canal, which we will not allow to come to harm," General Sisi said on Tuesday.

The day before, the canal's managers issued a statement to reassure the owners of the 17,000 vessels that passed through last year carrying a record 740 million tonnes of cargo:

"In a strong, pacifying message to the world maritime traffic, Admiral Mohab Mameesh, chairman of the Suez Canal Authority, boarded two passing ships in the Canal for two days successively to assure that the traffic of ships in the Canal is 100 percent safe," the agency's English-language statement read.

The world's trading powers are also looking on anxiously, knowing that the cost of sending goods from Asia to Europe via South Africa would be a drain on a struggling economic recovery.

For now, at least, most shipping companies assume trouble will remain on shore and not trouble the canal's management:

"We feel pretty confident about Suez," Commodore Christopher Rynd, senior captain of Britain's Cunard line and master of the liner Queen Mary 2, told Reuters after passing through last week, before the riots. "It's simply so important to Egypt."

Last year, the volume of cargo transported exceeded levels set in 2008, shortly before the global financial crash and rise of Somali pirates reduced the number of ships passing Suez.

OPEN TO ALL

Built by French engineers and opened in 1869, the canal is governed by an international treaty, the 1888 Convention of Constantinople, by which its operators are bound to keep it open to civilian or military vessels in times of peace or war. The reality, however, has often been rather more complex.

In World War Two, Egypt's colonial master Britain denied access to Germany and its allies.

Gamal Abdel Nasser, the army officer who broke from colonial control, nationalized the waterway for Egypt in 1956. Britain and France attacked the canal zone with the support of Israel. Though U.S. pressure forced the invaders to withdraw, sunk and scuttled ships blocked the passage for several months.

The longest closure - eight years - was to come a decade later when Israel invaded the Sinai peninsula in 1967, turning the canal into a frontline buffer until 1975.

The need to maintain Egypt's 1979 peace treaty with Israel and keep the canal open, experts say, helped push the United States towards building a much closer relationship with those in power in Cairo over succeeding decades. Central to that was a colossal aid package direct to Egypt's military, widely seen as a major factor in helping Mubarak stay in power until 2011.

"The U.S. government does not have a long-term policy and strategy for U.S.-Egyptian relations," said Hayat Alvi, who specializes in the Middle East at the U.S. Naval War College.

"But I don't doubt that the U.S. is pressuring Egypt into a hands-off policy on the Suez. It's too critical for commerce and military transport and mobility."

So far, that "hands-off" strategy seems to be holding. As well as commercial shipping, warships from the United States, Israel and a range of others including Iran, Russia and China have used the canal in the last year without difficulty.

Gary Roughead, a former chief of U.S. naval operations and now at Stanford University's Hoover Institution, believes Egypt's newly elected Islamist rulers are trying to maintain the status quo on the canal: "I think they remain committed to its neutrality," he said. "Being free from bias with regard to who uses the canal, I believe, makes it much easier for them."

GROWING FRUSTRATION

In the cities along the canal edge, there are angry complaints that local people get too little from the waterway, feeding into other resentments against leaders in Cairo.

"I don't feel any benefits from Suez Canal revenues," said Rasha Gharib, a 39-year-old government employee in Ismailia, which lies at the mid-way point and hosts the canal authorities' headquarters.

"The services of the Canal Administration benefit only its employees in terms of hospitals, social clubs and other services. This is despite the danger we could face due to any accidents in the waterway, since nuclear-powered ships pass through."

Mursi's government says it remains committed to the canal. It has announced a new investment plan. China's state-owned port operator Cosco Pacific already owns 20 percent of the Port Said Container Terminal. The Dubai Ports facility at Ain Sokhna, on the Red Sea near the canal's southern entrance, has expanded considerably.

With trade expanding and uncertainty still the rule after the Arab Spring, the Israeli government is looking to invest in offering an alternative Asia-Europe route, overland by rail.

On the canal itself, other coming investments include a Saudi-backed road bridge and a major Qatari-funded program to expand gas, coal, steel and other facilities. In the cities, some complain Cairo is selling off a national treasure.

"What is happening in Port Said and Suez is not thuggery but the killing of the masses for uncovering the conspiracy to seize the Suez Canal and deliver it to non-Egyptian investors," said a statement from a youth coalition in Port Said issued this week.

Officials in Israel and Washington still complain Egypt's government has done too little to stop weaponry being smuggled across the canal, eventually to Palestinians in the Gaza Strip.

Western military officers, however, say Cairo still shows commitment to Western allies, notably in providing security for the passage of major warships, particularly aircraft carriers.

On its recent voyage from Europe to the Gulf, the Queen Mary 2, a leviathan of an ocean liner carrying 2,500 passengers on the first leg of a round-the-world cruise, formed up in a convoy at dusk off Port Said with some two dozen other vessels.

Shortly after midnight, a cluster of launches approached, pilots scrambled up rope ladders and the vessels slowly fell in line astern for the 12-hour passage to the Red Sea. The liner and cargo ships heading south passed a northbound convoy of a similar size in Great Bitter Lake in the interior.

Container vessels, which make up about half the tonnage using the canal, took the lead followed by three massive - and potentially explosive - liquefied petroleum gas (LPG) carriers.

Troops are a visible presence along the way; some wave at large ships from checkpoints. For Commodore Rynd on the Queen Mary 2, the Suez Canal remains a secure route: "But," he adds, "if we didn't think we could do it safely, we wouldn't do it."

(Additional reporting by Shaimaa Fayed in Cairo and Yusri Mohamed in Ismailia; Writing Peter Apps and Alastair Macdonald)

Source: http://news.yahoo.com/suez-cities-burn-canal-shipping-sails-now-174829727.html

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What you need to know about cell phone unlocking

Did you know that as of Jan 26, 2013, it's "illegal" to unlock your phone? Of course you did. You've seen the "Sky is falling!" headlines

It's not quite that simple, but that's what you'll hear around the Internets today. The too-long-didn't-read simple version is that you'll likely not be affected in any way (minus the personal freedom aspect). But after seeing so many people worried, and some of the poor information they were receiving, we knew it was time to talk about it a bit. 

In 1998 Congress passed a law that provides copyright protection to the software (and software means written code, remember) that locks your cell phone to a certain carrier. This has nothing to do with rooting, or bootloader unlocking. It only covers locking your phone to a GSM carrier through software. As a provision of this law, the Librarian of Congress (which I imagined as a totally hot babe with her hair in a bun, and was quickly disappointed when I investigated) is allowed to grant exceptions, and did until his October 2012 decision to allow the DMCA to regulate cell phone locking. Fast forward to today, when the exceptions expired, and now the software used to lock phones is covered under the same copyright laws as most other software.

It sounds scary. But it's really not. Let's have a look.

read more

Source: http://feedproxy.google.com/~r/androidcentral/~3/fU9cj9yVK5k/story01.htm

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Egyptians riot after soccer fans sentenced to die

Families and supporters of those accused of soccer violence from the Port Said soccer club react to the announcement of verdicts for 21 fans on trial in last years Port Said stadium incident which left 74 people dead, in Port Said, Egypt, Saturday, Jan. 26, 2013. Egyptian security officials say at least 8 people have died in the Mediterranean city of Port Said after a judge sentenced 21 people to death in connection to one of the world's deadliest incidents of soccer violence. (AP Photo/Mohammed Nouhan, Shorouk Newspaper) EGYPT OUT

Families and supporters of those accused of soccer violence from the Port Said soccer club react to the announcement of verdicts for 21 fans on trial in last years Port Said stadium incident which left 74 people dead, in Port Said, Egypt, Saturday, Jan. 26, 2013. Egyptian security officials say at least 8 people have died in the Mediterranean city of Port Said after a judge sentenced 21 people to death in connection to one of the world's deadliest incidents of soccer violence. (AP Photo/Mohammed Nouhan, Shorouk Newspaper) EGYPT OUT

An Egyptian soccer fan of Al-Ahly club displays scales to fans celebrating a court verdict that returned 21 death penalties in last years soccer violence, inside the club premises in Cairo, Egypt, Saturday, Jan. 26, 2013. Egyptian security officials say military to deploy in Port Said after at least 8 people died in the Mediterranean city of Port Said after a judge sentenced 21 people to death in connection to one of the world's deadliest incidents of soccer violence. (AP Photo/Ahmed Ramadan)

Egyptians say funeral prayers in a mosque for three people who died in demonstrations marking the second anniversary of the January, 25, 2011, Egyptian revolution in Suez, Egypt, Saturday, Jan. 26, 2013. The unrest was the latest in a bout of violence that has left a total of at least 38 people dead in two days, including over 10 killed in clashes between police and protesters marking Friday's second anniversary of the uprising that overthrew longtime leader Hosni Mubarak. (AP Photo/Ahmed Abd El-Latef, Shorouk Newspaper) EGYPT OUT

Families and supporters of those accused of soccer violence from the Port Said soccer club react to the announcement of verdicts for 21 on trial in last years Port Said stadium incident which left 74 people dead, in Port Said, Egypt, Saturday, Jan. 26, 2013. Egyptian security officials say at least 8 people have died in the Mediterranean city of Port Said after a judge sentenced 21 people to death in connection to one of the world's deadliest incidents of soccer violence. (AP Photo/Mohammed Nouhan, Shorouk Newspaper) EGYPT OUT

Families and supporters of those accused of soccer violence from the Port Said soccer club react to the announcement of verdicts for 21 fans on trial in last years Port Said stadium incident which left 74 people dead, in Port Said, Egypt, Saturday, Jan. 26, 2013. Egyptian security officials say at least 8 people have died in the Mediterranean city of Port Said after a judge sentenced 21 people to death in connection to one of the world's deadliest incidents of soccer violence. (AP Photo/Mohammed Nouhan, Shorouk Newspaper) EGYPT OUT

CAIRO (AP) ? Relatives and angry young men rampaged through the Egyptian city of Port Said on Saturday in assaults that killed at least 27 people following death sentences for local fans involved in the country's worst bout of soccer violence.

Unrest surrounding the second anniversary of Egypt's revolution also broke out in Cairo and other cities for a third day, with protesters clashing for hours with riot police who fired tear gas that encompassed swaths of the capital's downtown.

The divisive verdict and bloodshed highlight challenges being faced by President Mohammed Morsi, who took office seven months ago following an Egyptian revolution that ousted autocratic leader Hosni Mubarak. Critics say Morsi has failed to carry out promised reforms in the country's judiciary and police force, and claim little has improved in the two years after the uprising against Mubarak.

The Islamist leader, Egypt's first freely elected and civilian president, met for the first time with top generals as part of the newly formed National Defense Council to discuss the deployment of troops in two cities. The military was deployed to Port Said hours after the verdict was announced, and warned that a curfew could be declared in areas of unrest. The military was also deployed to the canal city of Suez, where protesters attacked the main security compound there after eight people were killed late Friday.

Saturday's riot in Port Said stemmed from animosity between police and die-hard soccer fans know as Ultras, who also were part of the mass uprising against Mubarak that began on Jan. 25, 2011, and at forefront of protests against the military rulers who assumed temporary power after his ouster.

It also reflected tensions after the uprising that reached into all sectors of Egyptian life, even sports.

Survivors and witnesses said Mubarak loyalists had a hand in instigating last year's attack, which began Feb. 1 after Port Said's home team Al-Masry won a match, 3-1, against Cairo's Al-Ahly. Some say "hired thugs" wearing green T-shirts posing as Al-Masry fans led the attacks.

Others say, at the very least, police were responsible for gross negligence in the Feb. 1 soccer brawl that killed 74 Al-Ahly fans.

Anger at police was evident in Port Said, home to most of the 73 men accused of involvement in the bloodshed, although the trial was held outside Cairo.

Judge Sobhi Abdel-Maguid did not give his reasoning when he handed down the sentences for 21 defendants. Executions in Egypt are usually carried out by hanging.

Verdicts for the remaining 52 defendants, including nine security officials, are scheduled to be delivered March 9. Some have been charged with murder and others with assisting the attackers. All the defendants ? who were not present in the courtroom Saturday for security reasons ? can appeal the verdict.

Supporters of those sentenced to death said they were being used as scapegoats. The rioters attacked the city's prison after the verdict was read live on state television to try and free the defendants. A police lieutenant and police officer were killed in the assault.

Residents also focused their anger against the government, attacking a power station, the governor's office and local courthouse. They staged a sit-in along the main road leading into the city and occupied a police station.

Security officials said a total of 27 people were killed and some 400 wounded, many by gunfire, throughout the city. The officials spoke on condition of anonymity because they weren't authorized to release the information.

Victims were killed when police fired tear gas, bird shot and other live ammunition at the mob. Two soccer players who died? one from Port Said's Al-Marikh club and the other a former player of its Al-Masry club ? apparently were killed on their way to do training near the prison. One of the players was shot three times, a local health official said.

Some 220 kilometers (135 miles) away in Cairo, the divisive nature of the trial was on display.

Relatives of those killed at the soccer game erupted in joy in the courtroom after the verdict was announced.

Families yelled "Allahu Akbar!" Arabic for "God is great" and pumped their fists in the air. Others held up pictures of the deceased, most of whom were young men from Cairo's poor neighborhoods. One man fainted while others hugged. The judge smacked the bench several times to try to restore calm.

Supporters of Cairo's Al-Ahly celebrated the verdict in the team's club before heading toward Interior Ministry headquarters, which manages the police, for more protests.

Lawmakers had formed a fact-finding committee that found some evidence toward collusion from authorities, but the evidence was not conclusive.

Nine of those on trial are security officials, charged with assisting the attackers for failing to search for weapons as is customary and allowing known criminals to attend the game. One was a senior officer who locked the exit designated for Al-Ahly fans. Many victims suffocated or were trampled to death in the corridor trying to escape the violence. Others were thrown off bleachers, undressed, beaten with iron bars and had the words "Port Said" carved into their skin.

Police reform researcher Karim Ennarah said the lack of a proper investigation raises the specter that some of those on trial are innocent. The state prosecutor's office, tasked with investigating the case, was long run by a Mubarak holdover.

"We still operate in a state that doesn't hold its employees, specifically in the security sector, to account," Ennarah said. "There might have been democratic elections, but it still is a very undemocratic state in terms of how police work."

The most high profile case since Egypt's uprising was that of Mubarak himself. He was found guilty of failing to stop the killing of around 900 protesters. The verdict angered people who wanted him executed on charges of ordering deadly force. He was sentenced to life in prison in what even some of his opponents argue was a verdict based on flimsy evidence aimed at appeasing an angry public.

A lawyer of one of the defendants given a death sentence Saturday said this verdict too was political.

Days before the verdict, Morsi declared the victims "martyrs of the revolution", granting families up to $15,000 in compensation.

"There is nothing to say these people did anything and we don't understand what this verdict is based on," Mohammed al-Daw told The Associated Press by telephone.

"Our situation in Port Said is very grave because kids were taken from their homes for wearing green T-shirts," he said, referring to the Al-Masry team color.

The president, once a detainee under Mubarak for his political activities with the Brotherhood, had vowed to restore security in his first 100 days in office. Instead, critics say he has waged a personal campaign against anti-Brotherhood figures rather than carry out comprehensive reform.

His Muslim Brotherhood allies blamed "misleading" media outlets for enflaming the public against the government. The main opposition bloc said it holds Morsi responsible for "the excessive use of force by the security forces against protesters."

Fans of Al-Ahly, mostly young men in their teens, promised more violence in the days leading up to the verdict if the death penalty was not handed down. Their main Facebook page had called for bloodshed.

"This was necessary," said Nour al-Sabah, whose 17-year-old son Ahmed Zakaria died in last year's melee. "Now I want to see the guys when they are executed with my own eyes, just as they saw the murder of my son."

"We are not really that happy," Mohamed Ahmed, a survivor of the attack, said. "The government helped the Ultras of Port Said by blocking the gates of the stadium until people suffocated to death."

Meanwhile, Port Said resident and activist Rasha Hammouda said the city wants those involved in killings to be brought to justice.

"We have no problem with execution of those who killed, but bring everyone who is involved," she said.

____

Associated Press writer Mariam Rizk contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-26-Egypt/id-6cba8ca999134e0bad8d96e83e0a7808

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Old-Fashioned Motherhood: From the Comments: Frustration in ...

Dear friends,

This morning, I checked my e-mail inbox to find that I had a new comment on an older post of mine called "The Incredible Shrinking Family". I could feel the pain of the writer so clearly in her words, and I wanted to reach out to her. Who of us have not been frustrated, tired, and just plain worn-out?

Here's what she wrote:

Hi! I came across your blog today and loved reading this post. I agree with everything you have to say ... in principle. But in practice I find this very difficult. I want to love children and love being a mother, but I just don't!

I have two darling little girls who I love, but I don't love being a mother. Pregnancy was miserable, the sleep deprivation of newborns was horrendous and the tantrums and potty training of toddlers has been torture! Like you say, it takes sacrifice, but I sometimes feel like it is just too much for me. I long for a life outside of my children, for some part of me to be left-over at the end of the day for my husband, for something besides diapers and disciplining and dishes!

So yes, children are important and families are vital and I believe in the LDS doctrine of the family ... but I just can't have more children. I feel it would be disastrous for me, for my marriage and for the children we already have. So I guess what I'm saying is that I totally get why some women do not want to have children or do not want to have a lot of children. I understand what they are feeling!

I would have never guessed that I would be saying this. As a young LDS teen, I yearned for a large family. But now, when reality has set in, I am just not enjoying it at all! I feel like overall I have a good attitude around my children and love them, do all of the good stay-at-home-mom things, but deep-down, I am miserable. Any advice?

I know that often people may think that my posts are so idealistic that I must never have bad days or frustrations, or a bad attitude. I'm sorry if this is a disappoinment, ladies, but I have had those days when I want to throw in the towel. I have moments where I hold my head in my hands and think "What have I done?!"

:-)

But those days don't last forever (Thank goodness!) and with the Lord's help we can do the difficult and succeed-- and have joy! (I promise!!!)

Here was my response to her, and to all moms who have those times and seasons where they feel they can't take another step, change another diaper, or wash one more dish:

I am so sorry that you are so overwhelmed and discouraged. Boy, have I been there! But there really is hope and peace on the horizon...

First of all, you are deep in the trenches of one of the hardest times of motherhood! I advise you take a deep breath and try to see into your future five, ten or fifteen years from now.

You will NOT always be sleep deprived and mired in the difficulties of trying to be and do everything on your own. Those little ones you have now WILL grow, they will learn to do more for themselves, and they will not always be so demanding.

The time you take now to patiently, lovingly train them will buy you more liberty and breathing room in your not-too-distant future. Is it hard? YES. But from experience, I can tell you, that when you work hard at training those first few little ones, then they become more helpful to you in your duties AND with any other little ones that may be in your future.

Toddler-hood really is the time that ALL moms want to throw in the towle and say "I'm not cut out for this!" You are FAR from being alone in those feelings, I promise!

It is okay to take a break and let your body and your heart heal for a time. But the secret to that and to surviving and moving forward in everything is to PRAY. HARD. Ask for a blessing from your husband, now and then. Pray for peace. For direction. For patience.?

Good grief, I even once had to start praying that I could LOVE my kids!!! LOL! The beauty and blessing was that MY PRAYERS WORKED.

Anything worth doing is difficult-- that's the test of this life. But you don't need to hold your breath as you try to make it through the difficult years. Come up to the surface and breathe deeply in the Father's love, mercy and help.

None of us can succeed at this alone. We need Christ, and He is willing and waiting to take those troubles and burdens from us if we will just give them to Him.

Please don't struggle alone when you don't have to! The Lord loves you and sees every sacrifice and tear and sleepless night.?

Don't worry about having another baby right now. Just work on your relationship with Christ. Then everything else will fall into place.

We can "do all things through Christ." But we should not run faster than we have strength. We NEED to take time to be healed by the Lord. He will give us all we need and then some, helping us to do all things "in wisdom and order."

I know the writer and I would love to hear any other advice from my readers. Do you have more to add?

With love to all my sisters in the motherhood trenches,

Source: http://blog.oldfashionedmotherhood.com/2013/01/from-comments-frustration-in-motherhood.html

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New pregnancy protections ring in the New Year in California ...

California employees now enjoy ex?panded pregnancy rights after new Fair Employment and Housing Commission (FEHC) regulations took effect Dec. 30, 2012.

The regulations bar employers from discriminating against employees for virtually any pregnancy-related condition, including lactation, severe morning sickness, prenatal and postnatal care, bed rest, gestational diabetes, pregnancy-induced hypertension, pre-eclampsia, postpartum depression, childbirth, loss of pregnancy and end of pregnancy, among others.

Employees are now eligible for up to four months or 17_{1/3 weeks of pregnancy disability leave per pregnancy, not per year.}

Employers may measure leave in increments as small as one hour. Leave must be accounted for in the smallest increment offered for any other type of leave as long as it is one hour or more. Reasonable accommodations or transfers do not reduce the four-month leave entitlement unless they reduce the number of hours that the employee works.

Additionally, employers cannot refuse to hire an applicant because of pregnancy or perceived pregnancy.

The new regulations also change workplace posting requirements. Download new notices from the FEHC website.

The new regulations also broaden the definition of health care professionals and contain special provisions for informing non-English speaking employees of their rights and obligations under the law.

Advice: Consult your attorney if you have compliance questions.

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Alternative Statutory Bases for Invalidating ?Gene Patents?

The Supreme Court recently granted a writ of certiorari in the highly controversial case Association for Molecular Pathology v. Myriad. In the coming months, the Court will determine whether the genetic material claimed by Myriad?s composition patents is patentable subject matter under Section 101 of the Patent Act. The high profile case has generated a widespread debate often framed as whether genes should be patentable. To the extent that the patentability of genetic material is not the specific question at issue in Myriad, such publicity may be misleading or overstate the impact of the Supreme Court?s decision. This post seeks to serve as a reminder that a holding in favor of Myriad would only establish that the claims at issue meet one of the many requirements of our patent system.

The nonobviousness and written description requirements set forth in sections 103 and 112 of the Patent Act provide additional and, some argue, more effective filters for claims directed towards genetic material. According to some academics, these requirements have been much further developed in the case law, are more finely tuned to address patents on genetic material, and provide more appropriate filters for separating truly inventive additions to human knowledge from unpatentable matter. Two landmark cases illustrate how these requirements have been used to invalidate claims directed towards genetic material.

First, the Federal Circuit invalidated patent claims for failing to meet the written description requirement in Regents of the University of California v. Eli Lilly & Co. The patent specification described cDNA encoding rat insulin, which the court held did not give the patentee a right to also claim the cDNA encoding human insulin. The court emphasized that even if the disclosure was sufficient to enable a person of skill in the art to make and use that cDNA, it still failed to meet the written description requirement. On the other hand, the court noted, a recitation of the actual nucleotide sequence would suffice. As some scholars argue, the requirement so applied compels applicants ?to spell out the exact sequence of all the DNA they hope to claim, rather than just the function of the genes.? Denise DeFranco argues that the primary goal of applying the requirement in this way to biotechnology patents ?is to limit inventors to their actual inventions.? Indeed, at the time the Plaintiffs in Eli Lilly applied for the patent claiming human insulin, they had only cloned the rat insulin gene, and did not clone the human insulin gene until two years later.

In another significant biotechnology case in 2009, In re Kubin, the Federal Circuit invalidated patent claims on obviousness grounds. The case involved a claim to the isolation and sequencing of a gene encoding a protein domain known as NAIL. In light of the prior art references, which taught a prophetic method for isolating the gene that codes for the NAIL protein as well as a probe specific to the protein, the court held that the claims were invalid. Prior to this holding, similar patents had been upheld even when the prior art included as much or more information as that considered in Kubin, such as the actual polypeptide sequence of the protein at issue and not just a probe for the protein. This decision has thus been characterized as ?a major change in the law that will lower the bar for finding biotechnology patents obvious.? Joanne Kwan postulates that following Kubin, biotech inventions such as claims to isolated genes that encode particular proteins may now be routinely invalidated as obvious under Section 103.

This post does not comment on the social desirability of allowing patents on genetic material, nor on the legal merits of the arguments in Myriad. Rather, it seeks to highlight that the question raised by the patentable subject matter challenge in Myriad is a narrow one, a ?coarse eligibility filter? in the words of the Federal Circuit. The Patent Act provides a number of other requirements to ensure that patents on genetic material aren?t improvidently granted when, for example, the inventors have not actually cloned the gene they are claiming, or when the protein of interest, a motivation to isolate the gene coding for that protein, and illustrative instructions for cloning the gene already exist in the prior art. Regardless of the precedent ultimately set by Myriad, these and other additional statutory requirements will continue to have a significant impact on the validity of patent claims directed to genetic material.

?

Source: http://www.stlr.org/2013/01/alternative-statutory-bases-for-invalidating-%E2%80%9Cgene-patents%E2%80%9D/

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