Supreme Court grapples with patentability of human genes

Can human genes be patented?  That is the complex question the Supreme Court wrestled with during oral argument April 15.

The resolution of the question is likely to have an impact far beyond the immediate case before the court, some legal experts say.

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Ex-home health care employee can pursue FCA claims

A woman who says she was fired from her job at a home health care services provider for blowing the whistle on alleged fraud can pursue her retaliation claim against the company, a federal judge in New York has ruled.

 Patricia Mooney may also pursue her allegations that Americare Inc. and its subsidiaries fraudulently altered documents to justify the provision of home health services, U.S. District Judge Frederic Block of the Eastern District of New York ruled.

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Kardashian clan claims copyright infringement by dad’s widow

Members of the celebrity Kardashian family are suing the widow of their late father and husband, Robert Kardashian, for unlawfully keeping copyrighted items that they say he bequeathed to them.

 Siblings Kourtney, Kimberly, Khloé and Robert Kardashian Jr. and their mother, Kris Jenner, claim that Ellen Pearson is trying to exploit family photographs and a private diary of Robert Sr.

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Temple University seeks dismissal of student-athlete’s discrimination case

Temple University is seeking the dismissal of a lawsuit filed by a student-athlete who says the school discriminated and retaliated against her for reporting her alleged assault by a football player.

 In its brief supporting its motion to dismiss, Temple disputes Emily Frazer’s version of the facts and her interpretation of the law.

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Court tosses $500 million Medicaid fraud complaint

A federal judge has thrown out a complaint alleging that 24 drug manufacturers, distributors and labelers fraudulently misrepresented their products as eligible for Medicaid reimbursement, causing the federal government to pay state programs over $500 million for the drugs.

Whistle-blower Constance Conrad could not surmount the False Claims Act’s public disclosure bar, U.S. District Judge Rya W. Zobel of the District of Massachusetts said.

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Supreme Court applies ‘first sale’ doctrine to goods made abroad

Reversing two lower court decisions, the U.S. Supreme Court has ruled that the “first sale” doctrine applies to copyrighted works lawfully made in a foreign country.

The 6-3 decision is a victory for petitioner Supap Kirtsaeng, who unsuccessfully argued in the lower courts that under the first-sale doctrine, he did not infringe the copyrights of publisher John Wiley & Sons when he bought Wiley textbooks made in Thailand, imported them to the United States and resold them.  

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Trump trumps cybersquatter

A website operator cannot insulate himself from charges of cybersquatting by real estate magnate Donald Trump simply by appending a geographic location to the “Trump” domain names he registered, a federal judge has ruled.

J. Taikwok Yung, operator of Web-Adviso, is not entitled to a declaratory judgment that his domain names Trumpabudhabi.com, Trumpbeijing.com, Trumpindia.com and Trumpmumbai.com did not infringe Trump’s trademarks, U.S. District Judge Dora L. Irizarry said.

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Florida rodeo sued after death of 16-year old bull-rider

A 16-year-old novice bull-rider who was killed when she was thrown and kicked by a bull at a rodeo died because of the negligence of the event’s operator, a complaint filed in Florida state court has alleged.

Defendant Remington Rough Stock Co., owned by Corey Costa, should never have permitted Brooke Coats to be put on an aggressive bull, according to the suit filed in the Hillsborough County 13th Judicial Circuit Court.

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Court enjoins New Jersey sports gambling law

A federal judge has enjoined the state of New Jersey from implementing a sports wagering law that would have permitted gambling on professional and amateur sporting events.

U.S. District Judge Michael Shipp of the District of New Jersey rejected the state’s constitutional challenges to the federal Professional and Amateur Sports Protection Act, 28 U.S.C. § 3701, which bars gambling on sports.

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It’s elementary; book does not infringe Sherlock Holmes works, suit says

An expert on Sherlock Holmes is asking a federal court to rule that a new collection of original short stories he edited featuring the canny fictional detective does not infringe any copyrights held by the estate of Sir Arthur Conan Doyle, originator of the Holmes character.

Leslie S. Klinger, a California lawyer who has written extensively about Holmes, claims the Conan Doyle works on which the edited short stories are based are now in the public domain.

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