Last month, the U.S. Patent and Trademark Office issued further guidance for determining subject matter eligibility under 35 U.S.C. ยง 101. In addition to a memorandum on subject matter eligibility determinations that was...more
Last week, Appellee Natera, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August (see "Sequenom Requests Rehearing En...more
10/26/2015
/ Amicus Briefs ,
AMP v Myriad ,
Biotechnology ,
CLS Bank v Alice Corp ,
DNA ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
Preemption ,
SCOTUS ,
Sequenom ,
Summary Judgment
On Monday, Appellee Ariosa Diagnostics, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August. In its response, Ariosa...more
10/22/2015
/ AMP v Myriad ,
DNA ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
SCOTUS ,
Sequenom ,
Summary Judgment
In 2009, the first edition of Dr. David Koepsell's book "Who Owns You: The Corporate Gold Rush to Patent Your Genes" was published. With the second edition of his text about to be published, Dr. Koepsell allowed Patent Docs...more
Earlier this month, Rare Genomics Institute, an international non-profit that makes cutting edge research technologies of genome sequencing, physicians and scientists around the world accessible to rare disease patients,...more
After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list oftop patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more
1/8/2015
/ America Invents Act ,
AMP v Myriad ,
CLS Bank v Alice Corp ,
DNA ,
Genetic Materials ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
USPTO
After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more
At last week's BIO International Convention in San Diego, Andrew Hirshfeld, USPTO Deputy Commissioner for Patent Examination Policy, and June Cohan, a Legal Advisor with the USPTO's Office of Patent Legal Administration, took...more
7/2/2014
/ DNA ,
Genetic Materials ,
Guidance Update ,
Memorandum of Guidance ,
Myriad ,
Myriad-Mayo ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
Section 101 ,
Stem cells ,
USPTO
Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more
1/6/2014
/ America Invents Act ,
AMP v Myriad ,
Biotechnology ,
Bowman v Monsanto ,
DNA ,
First-to-File ,
First-to-Invent ,
Genetic Materials ,
Genetically Engineered Seed ,
Human Genes ,
Inventors ,
Monsanto ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patents ,
Pharmaceutical Industry ,
SCOTUS
Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more
Last week, in Sanofi-Aventis v. Pfizer Inc., the Federal Circuit affirmed an award of priority to Pfizer by the Board of Patent Appeals and Interferences in an interference involving the cDNA for the human interleukin-13...more
A patent issued to 23andMe, Inc. last month has created some controversy, and in response, the biotech company, based in Mountain View, California, has posted its side of the story on the 23andMe blog. The patent, U.S....more
In a paper published in March in the journal Genome Medicine, Dr. Jeffrey Rosenfeld of the University of Medicine & Dentistry of New Jersey and Dr. Christopher Mason of Cornell University contended that due to the...more
On Wednesday, the National Institutes of Health (NIH) announced that the agency had reached an understanding with the family of Ms. Henrietta Lacks regarding access to genomic data for the HeLa cell line, which was derived...more
Last month, the American Association for Cancer Research (AACR) announced that researchers at the National Cancer Institute (NCI) had generated a data set of cancer-specific genetic variations, which the researchers were...more
Last month, Consumer Watchdog filed its opening brief in an appeal of a Board decision affirming the patentability of U.S. Patent No. 7,029,913, arguing that the claims of the '913 patent are invalid because they cover...more
On Friday, Sen. Patrick Leahy (D-VT) sent a letter to Dr. Francis Collins, the Director of the National Institutes of Health (NIH), "to urge [the Director] to consider using march-in rights under the Bayh-Dole Act to ensure...more
On June 13, the Genetic Alliance announced the launch of an initiative to fill the public information gap caused by the lack of available genetic information for the BRCA1 and BRCA2 genes. ...more
It has been just over two weeks since the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., holding that a naturally occurring DNA segment is a product of nature and not patent...more
In a much anticipated decision, the Supreme Court issued its opinion this morning in Association for Molecular Pathology v. Myriad Genetics, Inc. In an opinion by Justice Thomas, joined by Chief Justice Roberts, Justices...more
On the same day that the Supreme Court handed down its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., the U.S. Patent and Trademark Office issued a one-page memorandum to its Patent Examining Corps...more
Yesterday, we posted a response from Dr. Chris Mason of Cornell University to a recent Patent Docs post and an article posted by Dr. Chris Holman on Holman's Biotech IP Blog. Dr. Mason co-authored an article in the current...more
Last week, we reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the...more
In an article published in the current issue of Genome Medicine, Jeffrey Rosenfeld of the University of Medicine & Dentistry of New Jersey and Christopher Mason of Cornell University contend that due to the non-specificity of...more
In an amicus brief filed last month in Association for Molecular Pathology v. Myriad Genetics, Inc., the United States asks the Supreme Court to affirm the judgment of the Federal Circuit that cDNA is patent-eligible and...more