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Antoinette F. Konski

Antoinette F. Konski

Foley & Lardner LLP


Latest Publications

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A Patent Landscape Analysis: iPSCs

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications....more

5/21/2013 - iPSCs Patent Applications Patents

"Human Genes" and Patents

At 10:00 A.M. on April 15th, the U.S. Supreme Court will entertain oral arguments in the dispute now known as the human “gene patenting” case. The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398...more

4/15/2013 - ACLU Claim Construction DNA Gene Patenting Human Genes Patents

A Cautionary Tale for Patent Applicants

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

4/5/2013 - America Invents Act First-to-File First-to-Invent Inventors Patent Applications Patents Prior Art

Australian “Gene Patenting” Case to be Appealed

The patenting of human genes in Australia remains under court review. As reported in the blog Patentology, an appeal of the Australian decision, Cancer Voices et al. v. Myriad Genetics Inc. et al., was filed on March 4, 2013...more

3/8/2013 - Human Genes Patents

Genetic Testing and Screening of Children: Ethics and Best Practices

The application of medical technology in the pediatric setting must serve the best interest of the child. Genetic testing of children and infants presents unique challenges. In contrast to the testing of adult patients, most...more

3/5/2013 - Genetic Testing Healthcare Pediatrics

FDA Regulation of Laboratory Developed Tests: Benefit or Unnecessary Burden?

The U.S. Department of Food and Drug Administration (“FDA”) has previously announced an interest in regulating diagnostic tests used in providing personalized medicine clinical care. Interested stakeholders such as the...more

2/25/2013 - CMS Diagnostic Tests FDA Labeling Laboratory Developed Tests Marketing Personalized Medicine Pharmaceutical

Myriad Posts Gene Patenting Victory in Australia

In a companion case to the “gene patenting” dispute presently before the U.S. Supreme Court, Myriad Genetics, Inc. successfully defended the patent-eligibility of “gene patents” in Australia. In Cancer Voices et al. v. Myriad...more

2/19/2013 - DNA Gene Patenting Myriad Patent-Eligible Subject Matter Patents RNA

Personalized Medicine Patenting Update

Patenting diagnostic methods is more challenging in the wake of the U.S. Supreme Courts Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. __ (2012) (Prometheus) and the USPTO’s application of the...more

1/14/2013 - Diagnostic Method Mayo v. Prometheus Patents Personalized Medicine SCOTUS USPTO

FDA Issues Draft Guidance for Clinical Trials Using Enrichment Strategies

The Food and Drug Administration (FDA) recently issued a guidance document related to the conduct of clinical trials to support approval of human drugs and biological products “Draft Guidance for Industry: Enrichment...more

1/7/2013 - Biotechnology Clinical Trials FDA

Personalized Medicine: An Industry Report

Increasingly, the development of new pharmaceuticals utilize genetic information to stratify patient subpopulations and/or predict efficacy and adverse events – the development paradigm of personalized medicine....more

12/31/2012 - Genetic Markers Personalized Medicine Pharmaceutical

H.R. 6626: The Healthcare Innovation and Marketplace Technologies Act

On December 3, 2012, Representative Mike Honda of California introduced The Healthcare Innovation and Marketplace Technologies Act (HIMTA), to foster more innovation in the health care industry by removing barriers in...more

12/12/2012 - Health Information Technologies HIMTA Mobile Apps

Are Human Genes Patentable?

As reported in my November 30th, 2012 post, the U.S. Supreme Court granted certiorari to review the issue “are human genes patentable?”...more

12/11/2012 - ACLU Human Genes Myriad Patents

Amici Urge Reversal of "Gene Patenting" Decision

On November 30th, 2012, the U.S. Supreme Court will conference and consider whether to review the patent-eligibility of isolated DNA sequences. Our prior post of September 25, 2012 addressed Petitioners’ brief and request for...more

11/29/2012 - Gene Patenting Myriad Patents

Myriad Responds: ACLU Asks the Wrong Question

On October 31, 2012, Myriad Genetics, Inc. et al. (“Respondent” or “Myriad”) filed its brief in opposition to Petitioners’ (The Association for Molecular Pathology et al., represented by the American Civil Liberties Union or...more

11/15/2012 - ACLU DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS USPTO

Genetic Data, Patents, and Trade Secrets

Patents protect proprietary information but are of limited duration. After expiration, the patented technology becomes part of the public domain. Trade secrets, in contrast, never expire and therefore are not accessible to...more

11/12/2012 - Myriad Patents Trade Secrets

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