Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Why Are Method of Treatment Claims and Method of Manufacture Claims Subject to Scrutiny Under the USPTO Patent Subject Matter...

The USPTO has asked for written comments on its patent subject matter eligibility guidance by July 31, 2014. In this article, I discuss why therapeutic method claims and method of manufacture claims should not be subject to...more

7/16/2014 - CLS Bank v Alice Corp Mayo v. Prometheus Method of Manufacture Patents Myriad Patent-Eligible Subject Matter Patents SCOTUS Section 101 Treatment Method Patents USPTO

Update From the May 9, 2014 USPTO Patent Eligibility Guidelines Forum

On May 9, 2014, the USPTO hosted a forum to receive public feedback on the patent subject matter eligibility guidance for examiners circulated on March 4, 2014. The USPTO heard formal presentations from ten speakers...more

5/12/2014 - Myriad Patent-Eligible Subject Matter Patents Product of Nature Doctrine Public Comment SCOTUS USPTO

Baaaaad News for Patenting Cloned Sheep

In a unanimous panel decision, the Federal Circuit affirmed the finding of the USPTO Patent Trial and Appeal Board (PTAB) that claims directed to cloned cattle, sheep, pigs and goats were directed to non-patent eligible...more

5/12/2014 - Genetic Materials Myriad Patent Trial and Appeal Board Patents Section 101 USPTO

Update on Myriad Appeal and Announcing a Public Forum on the USPTO 101 Guidelines

Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry Report™, on April 14, 2014,...more

4/17/2014 - Ambry AMP v Myriad Appeals Life Sciences Myriad Myriad v Ambry Patent Infringement Patent Litigation Patents Pharmaceutical USPTO

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

District Court Doubts Patent Eligibility of Myriad BRCA Claims

In a decision issued March 10, 2014, Judge Shelby of the U.S. District Court for the District of Utah denied Myriad’s motion for a preliminary injunction against Ambry Genetics Corp. While Ambry had challenged the validity of...more

3/19/2014 - Ambry AMP v Myriad BRCA Myriad Patent-Eligible Subject Matter Patents Preliminary Injunctions

USPTO Issues New Patent Subject Matter Eligibility Guidelines

The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural principles, natural...more

3/5/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents USPTO

Do These Sequence Analysis Method Patents Satisfy Section 101?

According to an article on Law360, Bristol-Myers Squibb Co. is challenging the validity of two Genetic Technologies Ltd. patents on the basis that the claimed intron sequence analysis methods recite natural phenomena that do...more

2/7/2014 - AMP v Myriad Covered Business Method Patents Mayo v. Prometheus Myriad Patent Applications Patents SCOTUS

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

Myriad Sues Ambry for Offering BRCA1/BRCA2 Breast Cancer Genetic Testing

On July 9, 2013, Myriad Genetics, Inc. brought suit against Ambry Genetics Corporation, alleging that Ambry is infringing ten (10) patents by offering breast cancer genetic testing for the BRCA1 and/or BRCA2 mutations...more

7/11/2013 - Ambry BRCA Genetic Testing Healthcare Myriad Patents SCOTUS

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

Briefing the Supreme Court in Myriad

March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...more

3/29/2013 - AMP v Myriad Biotechnology Gene Patenting Myriad Patents SCOTUS

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