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Antoinette F. Konski

Antoinette F. Konski

Foley & Lardner LLP


Latest Posts › Patents

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"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

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

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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