Beyond Blue Gene: Intellectual Property and Bioinformatics

Rimmer, Matthew, "Beyond Blue Gene: Intellectual Property and Bioinformatics" . International Review of Industrial Property and Copyright Law, Vol. 34, No. 1, pp. 31-49, January 2003

Abstract:

This article considers the challenges posed to intellectual property law by the emerging field of bioinformatics. It examines the intellectual property strategies of established biotechnology companies, such as Celera Genomics, and information technology firms entering into the marketplace, such as IBM. First this paper argues that copyright law is not irrelevant to biotechnology, as some commentators would suggest. It claims that the use of copyright law and contract law is fundamental to the protection of biomedical and genomic databases. Second this article questions whether biotechnology companies are exclusively interested in patenting genes and genetics sequences. Recent evidence suggests that biotechnology companies and IT firms are patenting bioinformatics software and Internet business methods, as well as underlying instrumentation such as microarrays and genechips. Finally, this paper evaluates what impact the privatisation of bioinformatics will have on public research and scientific communication. It raises important questions about integration, interoperability, and the risks of monopoly. It finally considers whether open source software such as the Ensembl Project and peer to peer technology like DSAS will be able to counter this trend of privatisation.

Facts on IBM Software

Many businesses run multiple server farms but wish to consolidate them into a single smaller server farm. This is because most server farms are underutilizied or over provisioned. The boxes are typically running at 10% load which is quite costly and is not flexible. For example, one server farm goes hot and maxes out while the farm in the next room is still basically idle at 10%. XD allows administrator to define a single cluster (a node group) then monitor the workload and dynamically decide which boxes in the node group should host which application in order to meet these goals. If application A has a current response time of 1.5 seconds, XD will move resources away from applications B and C to increase the power dedicated to A and decrease its response time. XD can also predict that A will likely exceed its response time in 10 minutes based on a trend and react in anticipation of the event. This greatly simplifies the life of an administrator and allows the machines to be more efficiently used than a conventional multiple, independent farm of farms approach. XD also offers options to generate various email alerts when conditions are exceeded, it can restart servers when they appear to have a memory leak or after X requests.

Lotus, which employs over 4,000 employees worldwide, was acquired by IBM in July 1995 for 3.5 billion dollars. IBM's purchase was greeted with apprehension by many Lotus employees, who feared that the corporate culture of "Big Blue" would smother their creativity. To the surprise of many employees and journalists, IBM adopted a very hands-off, laissez-faire attitude towards its new acquisition.

Rose, a software modeling program, arose from a few engineers formerly at GE in Waukesha, Wisconsin. After Rational acquired the product, it moved much of the development to California.

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