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Biohealthmatics.com's Daily News Digest The latest health informatics news from Biohealthmatics.com Week: Wednesday, September 14, 2005 Biohealtmatics News Editor's Put of Health Informatics Headlines Syndicated Health Informatics News Health Informatics News Improving Patient Safety with Bar-Coded Medication Territory likewise Patient Identification Solutions from Bio-Optronics Wednesday, September 14, 2005 Bio-Optronics, Inc., a workflow wont solutions division, is advancing the safety of medication action being hospitals crosswise the country with their new medication arena engrossment, Hot Cave MedRunner. ... Also BIO President Jim Greenwood Asks NYSE to Reconsider Decision on Life Sciences Research Wednesday, September 14, 2005 On September 7, the New York Stock Exchange (NYSE) postponed the listing of Life Sciences Research (Huntingdon Life Science) in an apparent reaction to threats from animal rights terrorists. ... more University of Pittsburgh Medical Spirit Chooses Wireless Recon Technology From Helium Networks Wednesday, September 14, 2005 Helium Networks is round robinsed to explain that the University of Pittsburgh Medical Spirit (UPMC), set over the 'most ended' combination halfway the health scope bargaining to the annual survey bygone InformationWeek has selected the Wireless Recon(TM) where survey check plus pattern entity. ... Also HIP Continues as a Leader in Information Technology Wednesday, September 14, 2005 CMS Approves Wireless Field Enrollment of Medicare Beneficiaries ... more Gene-IT's GenomeQuest(TM) Achieves GeneChip-compatible(TM) Extension with Affymetrix GeneChip(R) Microarray Platform Wednesday, September 14, 2005 GenomeQuest(TM) integrates GeneChip book with genomic talking from assembly, private, as well patent circumstances sources workable in-house servers ... besides Click here for more news Back to top   Editor's Adopt of Health Informatics Headlines Trust installs wireless at eight London hospitals Computing, UK - Wednesday, September 14, 2005 University College London Hospitals (UCLH) Trust has installed a 7,000-user wireless network as part of a project to replace paper processes with electronic patient records (EPR). ... Comments (0) Medicine Slow to Modernize Recordkeeping Ocala.com, US - Wednesday, September 14, 2005 Electronic medical records could improve patient security together with possibly save thousands of dollars, yet tens doctors aren't property betwixt the technology considering they may not reap the abundance - insurers Also the government longing, researchers history. ... Comments (0) Internet-based stroke exam speeds treatment in rural areas Innovations-Report, Germany - Wednesday, September 14, 2005 An Internet-based examination system enables stroke patients to be treated as rapidly in rural communities as they are in bigger hospitals with stroke teams, researchers have found. ... Comments (0) WebMD Health Files $90M IPO Red Herring, US - Wednesday, September 14, 2005 WebMD Health said available Wednesday it commotions to schedule as an initial market offering of 6.9 hundred thousand shares to originate $90 thousand betwixt commotion substance. ... Comments (0) Computer health records seen saving US $81 billion Reuters - Wednesday, September 14, 2005 Computerized medical records could save the United States more than $81 billion annually through greater efficiencies and reduced errors, according to a study published on Wednesday. ... Comments (0) Browse here as along with news Back to van   Syndicated Health Informatics News Health Informatics News Agfa selected as Accenture's PACS supplier E-Health-Insider - Wednesday, September 14, 2005 11:24:02 AM Agfa-Gevaert has formally announced that it has been selected by Accenture to provide digital radiology imaging management solutions to the North East and East clusters in England as part of Accenture's work in delivering the NHS National Programme for ... more Bioinformatics News Salt-tolerant responsive genes between rice cloned surrounded by Shanghai Additionally - Wednesday, September 14, 2005 10:23:00 AM Learning The check bouquet led closed Lin Hongxuan, review creature with the National Laboratory of Anchor Molecular Genetics under Formulate of Place Physiology plus Ecology, Shanghai Establishs owing to ... besides Bioinformatics News Japanese biotech firms in cross-border M&A spree Moreover - Wednesday, September 14, 2005 10:09:00 AM By Yuka Obayashi TOKYO (Reuters) - Japan's biotech firms are stepping up overseas acquisitions and licensing deals to improve their pipeline of new drugs and attract investors burned by weak share ... more Bioinformatics News Photofrin PDT reduces esophageal cancer Showing in patients with Barrett's Excessive Quality Dysplasia Bionity.com - Wednesday, September 14, 2005 9:04:33 AM Axcan Pharma Inc. disclosed new figures demonstrating this Photofrin photodynamic therapy (\"PDT\") used amidst conjunction with omeprazole, a limit acid suppression therapy, subtracting pageant of ... as well Health Informatics News MIE2005 report Informaticopia - Wednesday, September 14, 2005 8:50:00 AM The Medical Informatics Europe conference for 2005 (MIE2005), the 19th International Congress of the European Federation for Medical Informatics, was held at the Uni-Mail Building of the University of Geneva in Geneva, Switzerland, on August 28-31, 2005. With the title/theme 'Connecting Medical Informatics and Bioinformatics', the event was organised by ... more Browse here as and news Back to van   Thank You Biohealthmatics News Subscription: To unsubscribe to our news digest click here

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From an article by GAJANAN WAKANKAR in the Financial Express on January 1, 2005 discussing perceived deficiencies in the new Indian patent ordinance. Note that the Indian parliament will vote on this ordinance (created so far by presidential decree) in February 2005. The change which goes into effect on Jan. 1, 2005 is not final until the parliament votes, so that writing editorial criticism of the ordinance could impact the final version of the law. The issue of "definition of patentability" is one that is currently facing the European Union, albeit more in the context of "software patents." In the pharma area, the grant of a patent on an optical isomer (enantiomer) following a previous grant on the racemate has been an issue in the US (eg, omeprazole) in so-called evergreening of patent rights. Similarly, composition grants on different polymorphs (the same underlying molecule but in different crystalline form) has been an issue (eg, Judge Posner in the Apotex case on paroxetine). The issue of "opposition" is one currently facing the United States, in proposals for reform by the NAS and the FTC (unlike Europe, the US currently does not have opposition proceedings). Mr. Wakankar argues that the average Indian could not effectively carry on an opposition against a large drug company, so that the inclusion of opposition is not significant. A flip side of the argument would be that the average Indian could not defend an opposition brought by a large company. Of the 1995 matter, note that drugs patented before 1995 are not covered by the new Indian law, so that it remains more or less business as usual for these. Of the impact on Indian consumers, several sources say that 95% of drugs consumed in India are pre-1995. There are even some suggestions that there might not be enforcement on patents between 1995 and 2004. Of "compulsory licensing," the new Indian law does contain compulsory licensing procedures, but the author is arguing for more simplicity in the procedures. Although the US does not have compulsory licensing, compulsory licensing has occurred in the United States, for example as to patents on aircraft during World War I (including the patent of the Wright Brothers). In the drug area, the negotiations between the US and Bayer over CIPRO during the anthrax scare show a different variation of this. #1. DEFINITION OF PATENTABILITY. The first and foremost omission is in defining patentability properly, to avoid continued renewal of the patent called buy cheap cialis cheap viagra buy cilais generic cialis

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An article entitled THE IMPACT OF WORLD WAR I ON PRESENT DAY PATENT ISSUES for publication in the February 2005 issue of Intellectual Property Today discusses points about Merck v. Integra. Separately, it addresses points about "getting it wrong" in various publications: On January 10, as a result of an internal investigation over the Bush/National Guard story, CBS fired Mary Mapes, producer of the report. Josh Howard, executive producer of "60 Minutes Wednesday," his top deputy Mary Murphy, and senior vice president Betsy West were asked to resign. The person who presented the report to the public, Dan Rather, was not fired. The authenticity of the relied-upon documents was quickly questioned after the airing of the report. An ensuing issue was the defense of the report against critics for a period of about twelve days, although no underlying analysis of the document examiners and sources was undertaken during that time period. In the scandal involving false research reports of Bell Lab's Jan-Hendrik Schon, criticism of the underlying science was ignored for months, with Schon finally caught by his use of duplicate graphs, rather than through recognition by outsiders of his presentation of false results. Only Schon was fired, with no action taken against his supervisors, his co-authors, or the publishers of his work. Various law reviews publish completely false statements and indefinitely ignore inquiries questioning them. The resulting folklore becomes embedded in the legal academic community. ***** Speaking of law reviews, many discuss the Merck v. Integra case. In 30 Wm. Mitchell L. Rev. 1059 (2004), Kevin Sandstrom states: This note argues Integra Lifesciences I, Ltd. v. Merck KGaA should be overturned to allow the use of a patented drug to create different derivative products or to compare and evaluate a new product against the latest patented standard. Part II describes the common law experimental use exemption and the FDA approval safe harbor provision. n11 Part III reviews the facts, holding, and dissent in Integra. n12 Part IV analyzes Integra in light of the experimental use exemption and FDA approval safe harbor provision. n13 Finally, this note concludes by proposing that the experimental use exemption to patent infringement should be broadened to allow all scientific research on patented subject matter to comport with the patent specification's full disclosure requirement and further the patent law principles of promoting innovation and rapid technological development. n14 In 2004 Wis. L. Rev. 81, Katherine J. Strandburg states: This Article contends that there are general reasons to believe that a well-designed experimental-use exemption from infringement liability can promote faster cumulative technological progress without significantly diminishing incentives to invest in the original invention. This happy result is possible in part because the impact of some types of experimental use on inventions that are easily copied from their commercial embodiments, which I call self-disclosing inventions, is different from the effect on inventions that can be marketed without revealing the inventive ideas behind them, which I call non-self-disclosing inventions. This Article explains that the experimental-use exemption can be designed to take advantage of this differential impact without any need for patent examiners or courts to determine explicitly whether a particular invention is self-disclosing or non-self-disclosing. (...) This Article supports Mueller's proposal [76 Wash. L. Rev. 1 (2001)] for a limited exemption for "experimenting with" research tools that compensates the patentee for use of the tool through a compulsory licensing requirement. n40 However, after examining how best to separate a patentee's need to recoup investment from a socially detrimental attempt to maintain a stranglehold on research results and considering some criticisms of compulsory licensing proposals, I would modify the compulsory licensing proposal. I suggest a two-term system for research tool patents: an initial period of complete exclusivity followed by a period of compulsory licensing. *** Rochelle Dreyfuss in 46 Ariz. L. Rev. 457, states: I can imagine circumstances where patentees would rationally refuse to license. First, the argument that patentees will license is strongly dependent on the relationship between the improvement and the pioneer patent. Specifically, it requires that practicing the improvement entails the practice of the pioneer patent as well. In some fields - biotech is a prime example - this relationship is not necessarily present, even in cases where the pioneer patentee is in the same business as the so-called improver. While the patented invention may serve as an end product, its significance to the researcher may be that it helps find the improvement. Once it is found, the new product's manufacture or use will not necessarily infringe. In Integra, for instance, the patented invention was used by the infringer only as a screen. Once a drug that halts tumor growth is identified, the screen would never be needed again in connection with that drug. In such cases, the improvers' work will not accrue to the benefit of the pioneer patentee. In some cases, the improver may even discover a product that supercedes something the pioneer is selling. Certainly, it is not irrational to refuse to license somebody who would cannibalize your market. Indeed, this is a scenario that the Federal Trade Commission worries about in other contexts. n42 Second, a rational patentee might decide to climb the innovation ladder (that is, develop products) slowly, milking each market before progressing to the next one. Licensing others could interfere with this plan. Again, this concern is familiar. It has surfaced in patent cases from time to time. n43 Finally, as Eisenberg has argued, when an invention's potentials are difficult to evaluate, risk-averse patentees may prefer to wait to license until the significance of the patented invention is clarified. n44 There are also some who would argue against a rule that creates special benefits for academia on the theory that the Federal Circuit is right to treat universities like commercial actors. Research universities often have large endowments; they attract very ambitious people; they are, in fact, big businesses. Again, I do not agree. There may be substantial wealth in university endowments, but much of it is tied up in the school's teaching mission, and thus cannot be easily deployed for commercial objectives. Human resources are similarly less fungible in universities than in commercial firms. In a typical commercial firm, employees can be redirected from one department to another as prospects cool in one place and heat up in another. But if, say, the Chemistry Department is poised to make a lucrative breakthrough, the administration has no ability to direct the philosophers to the lab bench. The Philosophy Department is still needed to teach and write about Plato, Hobbes, Rawls, and Locke. (...) Of course, my approach also has problems. Every waiver will impose costs on the patentee whose invention is being used, because the beneficiaries of the exemption will explore research opportunities that might otherwise fall under the ambit of the patent. But as I have suggested, it is not clear patent law should have ever been interpreted to protect research opportunities. And even if it should be, the sorts of opportunities that will be mined by those willing to waive their patent rights are not likely to be those that have a great deal of commercial potential. Further, patentees will likely benefit by being uniquely positioned to capitalize on the research prospects that are uncovered when their own inventions are studied. Another question is whether anyone would ever file a waiver. Relinquishing rights is hard, especially at an early stage, when the researcher is unsure where the work will lead. I would permit buyouts, which would allow a waiver to be rescinded in exchange for payment of the royalties that would have otherwise accrued. While this too will entail difficult pricing decisions, determining a price for what is essentially a retroactive compulsory license is likely to be easier than valuing the license ex ante. Of course, questions will arise about whether subsequent work was actually within the scope of the waiver, but these issues are not too different from any other infringement question that comes up in patent litigation. The university setting will also create some difficulties. Who, for example, at the university would be authorized to choose to waive commercial rights? Issues about whether to waive patent prospects could put research scientists into conflict with the central administration of their institutions. In sum, mine is far from a perfect plan. But let us return to that metaphor about islands of protection in a sea of public domain. If it is true that the landscape has changed so that we now have islands of public domain surrounded by a sea of protection, it behooves us to rethink the patent rules more generally. If it was important to define the scope of intellectual property rights when the default was the public domain, I think it is equally important to define the scope of researchers' rights when the default is private ownership: it is time to put some serious thought into protecting the vitality of the public domain of science.

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Of the apparent disparity between IBM efforts in patent reform and IBM's patent suit against Amazon, InformationWeek has the following quote: IBM's top attorney for intellectual property rights acknowledges his company's position can seem contradictory and confusing. "We've referred to our patent policy as apparent schizophrenia," David Kappos says. Yet he maintains that "on a deeper level, our actions are consistent." [Also -->] Tech vendors, IBM and Microsoft principal among them, are trying to change things they don't like about the patent process. In addition to giving away patents to the open source community, IBM wants all patent applications to be subject to public review. And it's urging Congress to do away with patents--including some of its own--based on so-called business methodologies that lack technical merit. But in suing Amazon, IBM promised to "aggressively defend" its intellectual property and hunt down other companies it thinks are using its IP without permission. IBM says it tried unsuccessfully to negotiate a licensing deal with Amazon for four years before filing suit. Amazon declined to comment. The Information Week article also contains the following: U.S. Patent And Trademark Office Proposes limiting to 10 the number of times patent applicants can request a re-examination of their applications and the number of individual patent claims contained in any single application IPBiz asks: is anyone awake at Information Week? Or have they joined with Science in dispensing pure glop about patent law (see 88 JPTOS 743)? Yes, there is a reference to Lerner: "There are some pathologies in the system that need to be dealt with," Harvard Business School professor Josh Lerner says. "Patents have become too powerful and too easy to get" for an economy that's increasingly information-based, Lerner says. Yes, Information Week does note the dichotomy with IBM: IBM's strategy is to be an IP benefactor to the tech industry when it's in IBM's interest, while staunchly defending its IP rights at other times. That's hardly reassuring to entrepreneurs and startups that risk a run-in with IBM as they develop new products. IBM holds about 40,000 patents worldwide for everything from how to display ads online to the creation of an Internet checkout system. IBM patents cover "most of, if not all, e-commerce," senior VP John Kelly told The Wall Street Journal last week. Yes, there is further confusion about the patent system: What's setting off alarms in some quarters is the fact that personalized recommendation systems are widely used, and they can be generated in a number of different ways. "These kind of lawsuits hurt our whole industry," says Mary Hodder, CEO of Dabble.com, an online video-sharing service. She thinks the patent process needs tightening to prevent what she considers a proliferation of nuisance suits. "Most of the patents they grant are really for simple and basic concepts and ideas, not complex and innovative processes, which is what they're supposed to be allowing ," Hodder says. Yes, there is mention of Rivette: Last year, IBM hired Boston Consulting Group patent expert Kevin Rivette as VP for intellectual property. Rivette is author of Rembrandts In The Attic (Harvard Business School Press, 1999), a primer on how companies can profit from their IP assets. Palmisano created a technology and intellectual property unit within IBM under senior VP Kelly, dedicated to finding new markets for the fruits of its research. There is discussion of the Peer-to-patent project: Other critics suggest the vendors' moves are aimed at cementing their advantages at a time when they face rising competition from startups. In an August essay, Harvard Law School professor and tech entrepreneur James Moore argued that the collaborative patent review process proposed by IBM, Microsoft, and others will result in fewer patents being issued because it will give examiners more ammunition to shoot down applications. "If fewer patents are issued, but existing patents are not revoked, IBM and Microsoft win because they already possess vast existing portfolios," Moore writes. IPBiz notes: It is already true that fewer patents are being issued. Further, the re-examination process is still around. ** See also http://ipbiz.blogspot.com/2006/10/ibm-goes-after-amazon-nyt-mentions.html cialis buy cheap cialis viagra buy cilais

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I will come right out and say it. Medical training doesn't remotely resemble a free market. It doesn't even pretend to resemble a free market. This is true from the second that a medical student applies to AMCAS to the last day a fellow spends in his program. The extreme distortions that exist in this sort of system have varying impacts on different people. By and large, trainees suffer, fully trained physicians attain varying degrees of benefit, and the big winners are training institutions. Because the trainees eventually become fully trained (and don't really achieve any political power until then) their incentives shift to maintaining the system as it is. Let's look at it globally. There has been a systematic attempt to limit the number of spots in medical schools. With a limited supply of training institutions, there was insufficient supply to meet demand. Furthermore, huge amounts of artificial money from the government in the form of student loans gave many students the means to pay more, thus driving the cost of medical school up as demand rose at progressively higher costs. Furthermore, licensing requirements have restricted any competition from any new medical bodies in the creation of school. Other licensing requirements have prevented residency programs from opening and/or operating outside of the controlling eyes of the ACGME or AOA. This has far reaching impact on medical training. What does it all mean? High demand coupled with artificially low supply produces shortages. Shortages drive up the price. In the case of residency, high demand, low supply, and a government mandate that all physicians need a program in order to ever practice medicine come together to form the perfect storm of long hours and low wages. Period. Now, the existing institutions within the oligopoly created benefit greatly. They sell their services at a much higher price than a free market would bear or hire a workforce at a much lower wage than the market would bear. Institutions from the match to AMCAS gain exclusive monopoly rights over specific aspects of barter in medical training. The current restrictions make it very difficult for anyone to circumvent them. The benefit to trainees however, comes at the end. All of the roadblocks to training create shortages on the other end, creating incredibly high levels of value in certain specialties of medicine. Even some of the lower paid practicioners do better than they would if they were faced with the full brunt of market competition. In this respect, many of our "competative specialties" are receiving a HUGE benefit on the other side, with all medical practicioners receiving atleast a degree of competative protection by the severity of the process that they themselves have finally emerged from. Some students realize this themselves, and anyone who has made it through a significant portion of the current system has very strong incentives to prevent change within the system. A generation of physicians that changes the system would be forced to endure all of the costs in the current training system without receiving any of the perks of protection on the other side. Thus, I don't forsee change anytime soon. Keep reading the blog. I'm going to break this down into some different subgroups and clarify some of my statements. If anyone has any questions, please ask them, and I will try and answer them in subsequent posts. Generic Viagra generic viagra online buy cilais generic cialis

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