Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Australia Upholds Patent Eligibility of Isolated DNA

The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an...more

9/9/2014 - Australia DNA Genetic Materials Human Genes Myriad Patent-Eligible Subject Matter Patents

Do the USPTO 101 Guidelines Violate International Trade Agreements?

One advantage of being a blogger in the relatively small world of patents is that I have gotten to know practitioners in other countries who also have a keen interest in patent law. One such person is Australian Registered...more

4/10/2014 - DNA International Trade Agreements Myriad Patents USPTO

Institut Pasteur Obtains Reversal of USPTO Board Decision of Obviousness of Eukaryotic Site-Directed Mutagenesis Methods

In Institut Pasteur v. Focarino, the Federal Circuit found that the obviousness determination by the USPTO Board of Patent Appeals and Interferences was not supported by substantial evidence, and rested on an “erroneous...more

1/7/2014 - Biotechnology DNA Genetic Materials Human Genes Life Sciences Patent Litigation Patents USPTO

Federal Circuit Holds Full Sequence Not Required for Invention of DNA

In Sanofi-Aventis v. Pfizer, Inc., the Federal Circuit affirmed the USPTO’s determination that Pfizer had proven an earlier date of invention of the DNA sequence at issue, even though it did not have the full, correct...more

11/7/2013 - America Invents Act DNA Interference Proceeding Patent Reform Patent-Eligible Subject Matter Patents Pfizer Prior Art USPTO

Myriad Preliminary Injunction Hearing to Be Held September 11, 2013

The hearing on Myriad’s motion for a preliminary injunction against Ambry Genetics is scheduled for September 11, 2013, before Judge Robert A. Shelby at the U.S. District Court for the Central District of Utah....more

9/9/2013 - AMP v Myriad DNA Genetic Materials Human Genes Injunctions Myriad Patent Litigation Patent-Eligible Subject Matter Patents Preliminary Injunctions SCOTUS

Federal Circuit Remands Sequenom Down Syndrome Test Platform Patent for Consideration Under Myriad

In Aria Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit vacated and remanded the district court’s decision denying Sequenom’s motion for a preliminary injunction relating to a patent covering the non-invasive...more

8/13/2013 - AMP v Myriad DNA Genetic Testing Myriad Patent-Eligible Subject Matter Patents Preliminary Injunctions

Myriad’s Trade Secret Trump Card: The Myriad Database of Genetic Variants

One of the most interesting arguments that Myriad made in its Motion for Preliminary Injunctive Relief in its infringement action against Ambry Genetics Corporation relates to the database of genetic information that Myriad...more

7/18/2013 - AMP v Myriad Databases DNA Genetic Materials Injunctions Myriad Patent-Eligible Subject Matter Patents

Supreme Court Holds Isolated Naturally Occurring DNA Cannot Be Patented, Sustains Patent-Eligibility of cDNA

On June 13, 2013, the U.S. Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patenting case (formally, Association For Molecular Pathology. et al. v. Myriad Genetics, Inc., et al., Supreme Court No....more

6/14/2013 - AMP v Myriad Biotechnology DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Dispelling the Myriad Gene Patent Harmonization Myth

In the wake of the Supreme Court oral arguments in the Myriad “gene patent” case, most commentators are predicting that the Court will uphold the patent-eligibility of non-naturally occurring DNA sequences (such as cDNA), but...more

5/1/2013 - DNA EU Gene Patenting Human Genes Patent-Eligible Subject Matter

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