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Patent protection of biomedical innovation projects ; possible role of TRIZ and ARIZ in the formation of this protective strategy (continued, part three)

2012-09-09
Andrew (Gabriel) Livshits, Jaroslav Vashchuk

Objects and subjects of patents with the development and integration of diverse technologies are becoming more dependent on each other, and it pretty much applies to health and even more to the bio-technology
Medicine - not the only area where thriving genetic patenting. Almost more similar patents granted for objects used in agriculture. Future patent holders seek to secure their rights about the same things as biotechnology firms: the fragments of the genome, and ways to modify genetically engineered new varieties - more productive, more resistant to pests and so on.
It is worth to pause and consider not only the purely biological aspect in the construction of the claims of inventors for the invention of the object, but (especially in terms of agriculture) to consider the whole chain of possible objects of patents, including the huge redistribution of objects relating to the technology of processing, storage, transportation and quality control of the final products of agriculture, both crop and livestock production
Patenting of new varieties with specific mutations seem more justified than securing the rights to study the presence of the gene in all people, but can not do without scandals and here. "If a patent establishes the right to the technology, a new variety of plant and its production and sales - is a common practice. But if the patent for the brand, GMO or inherited attribute restricts scientific research and use of the variety in further crosses, it is, in my view, unacceptable "- says Radchuk. However, disputes often related to the illegal use of patented GMO animals or plants.
Automation and monitoring of all processes occurring in the production of food and raw materials for the production of, say, the textile industry, or even more relevant towards the production of raw materials for bio-fuel industry, make a closer contact to patent disputes in the field of high technologies

On Friday, August 24, 2012, a court in the United States recognized the Samsung company in violation of six patents Apple. South Korean electronics manufacturer sentenced to pay compensation in the amount of 1.05 billion U.S. dollars. Amount of the fine was a record (and in our opinion - is absurd), not only in scale fight Apple and Samsung, but also from the point of view of all the patent wars in the mobile industry.
Verdict rendered after a nine-month trial by jury in a court of California in San Jose. Samsung was found guilty of violating six patents Apple seven mentioned in the lawsuit. They describe a user interface ("elastic scrolling", zooming with two fingers and a double "click" to zoom pictures) and layout solutions smartphones and tablets (rectangular with rounded corners, cabinet under glass, the "home" button, the location of the speakers, "dock" for icon at the bottom of the screen).
All complaints are "wrong way" (from Samsung to Apple) jury shallows. The South Korean company accused Apple of violating five of its "technology" patents, but none of the claims court has not considered wealthy. The victory of Apple, has thus become unconditional.
The amount of compensation was determined by the violations found by the jury in the U.S. market represented devices Samsung. Which operating system is used by all devices "violations" can not even elaborate. The total size of the payment amounted to 1.05 billion U.S. dollars, despite the fact that Apple originally wanted to get two and a half billion dollars.
September 20 to approve the sentence Judge Lucy Koh (Lucy Koh). Samsung has the right to seek a review of the verdict of the Court of Appeal. Apple, in turn, will require a temporary ban on the sale of Samsung devices in the U.S. with disabilities. List of devices that require the company Tim Cook removed from stores, is already known. It included only smartphones: Galaxy S 4G, two versions of the device Galaxy S II - for operators AT & T and T-Mobile, Galaxy S II Skyrocket, Galaxy S II Epic 4G, Galaxy S Showcase, Droid Charge and Galaxy Prevail.
Apple Samsung can do another attack. Because the jury determined that Samsung violated Apple patents willfully, "apple" of the company may insist on increasing the amount of compensation three times. In other words, instead of a billion dollars may force Samsung to fork over three billion.
For Samsung complicating the situation is not only the prospects ban devices and increase the fine, but the lack of support from Google - Developer Android. In 2011, Google has helped in a lawsuit with Apple company HTC, passing it to protect some of its patents, but Samsung such steps, it seems, can not count.
Although Google's engineers have been involved in the development of the smartphone Nexus S 4G, which the jury found infringement, but after the verdict Google, in fact, got an attitude "we have nothing to do with it." The company distanced itself from Samsung, noting that "the majority of Apple patent claims do not affect the essence of the operating system Android".
Apple in a statement after the court did not hide joy. Despite the huge amount of compensation, the company emphasized that the battle with Samsung is not in dollars, but for the idea. "The litigation between Apple and Samsung was conducted because of something bigger than patents or money. It was fought because of values. At Apple, we appreciate the originality and innovation, and spend my life on it to produce the best products in the world. We produce them in order to bring our customers delighted, but not in order to be maliciously copied our competitors - the company said Tim Cook. - We are pleased that the court found in the behavior of Samsung malice and that he has clearly brought to publicize the fact that stealing is wrong. "
Samsung chose to appeal to the sympathy of users. "The sentence should not be seen as a victory for Apple, - said in a statement Samsung. - It should be seen as a defeat for the American consumer. Its consequence will be a choice had declined, the decline in innovation and, perhaps, the increased price. Too bad patent law allows a company to obtain monopoly on the rounded rectangles or technology that Samsung is improving daily and the other players. "
One of the top managers of Samsung in Seoul, would comment The Korea Times on condition of anonymity, was more explicit. He said that the verdict was for Samsung "worst case scenario".
Perhaps this top manager - just a pessimist, because for Samsung situation could arise and worse. First, the list of devices of violations has not entered the smartphone Galaxy S III - Samsung new home in 2012.
Second, the court did not agree that the "apple" decorating solutions copies tablet Galaxy Tab 10.1, which is banned in Europe, and that in June banned in the U.S..
Third, Samsung has time to find inconsistencies in the jury's decision. Some have already been in hot pursuit: the total amount of compensation was reduced from 1.0518 billion to $ 1.0493 billion, because the jury was discharged by mistake fine for Samsung Tablet Galaxy Tab 10.1 LTE smartphone and Intercept, which violated nothing.
Finally, a billion dollars - not a big amount, measured and the extent of big business. This is a half percent of the annual income of mobile units Samsung. "Get a second place in the list of the most profitable mobile companies only costs a billion - writes blogger Robert Skobbl. - .. For the price of one-eighth of Skype Samsung has taken the place RIM and HTC left far behind."
When analyzing the situation you realize that unfortunately and Samsung and Apple is not visible signs of construction of patent strategy recommended by TRIZ and ARIZ, they appear in the patent protection, guided by commercial necessity, but this is not always the same as the direction of innovation and optimization, no matter how strange most in this phenomenon has a tendency to prove themselves in biomedical technology
Nature is the best and most successful inventor, so I have not yet found a reliable legal mechanism of copyright regulation, continues to actively search for natural technical solutions to help solve many problems faced by science, industry, medicine and the biological and technological direction nauchnyi
Scientists from the University of California created a reactive microparticles that can move in the water. The article appeared in the scientific journal ACS Nano.
The object of the study were the particles of an alloy of aluminum and gallium with a diameter of about 20 micrometers. On the one hand, they were covered with a titanium foil. When released into the water unprotected half of the particles begin to react with it to form hydrogen and aluminum hydroxide.
The emergence of gas bubbles contributed to the emergence of jet thrust. Experiments have shown that such particles in the water capable of speeds up to 3 millimeters per second. In more viscous media, such as blood (such particles are considered as potential drug delivery man), the speed is much lower.
Scientists themselves say the new technology is still far from practical applications. The fact that the particles are "live" in the water no more than five minutes. In addition, the particles are formed by dissolving the compound of aluminum and gallium, which, when used in medicine, can be dangerous to humans.
If you look at any modern multi-faceted, multi-functional, deeply integrated solution, it is clear that the impact of natural biological solutions to the formation of innovative ideas is to identify and address
When collecting food for the ant ants use algorithms similar to the algorithms implemented in the protocols of TCP / IP. Article scientists presenting the results of the work appeared in the journal PLoS Computational Biology.
TCP / IP is a set of network protocols at various levels, which regulate the transmission of data in today's networks. One of the protocols as follows. To transfer information is broken into packets that are sent from the vertex A to vertex B network. After receiving each packet of B sends an acknowledgment. Packet rate depends on the arrival time of confirmation.
According to scientists, the same way organized food delivery in ants Pogonomyrmex barbatus. When from a particular region around the nest is returning more insects (they play the role of packages and the role of evidence), there goes more insects. As part of the scientists realized the algorithm calculates the bandwidth ant channel on your computer. The simulation results showed a good agreement with these experimental observations.
It is noteworthy that the similarities in the work of ants, and computer networks does not end. For example, ants use a technology known as a "slow start" - the first stage of the expedition for the food they send out a large number of insects in different directions to measure bandwidth. Another algorithm - "time out." If ants are no longer to return, then after about 20 minutes to send insects in this area stops.

(To be continued)

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