For Lawyers | Log In | Join | Upload
WORKING... advanced
Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP


Latest Publications

Share:

U.S. Supreme Court Sides with Monsanto in Seed Patent Case

The Supreme Court ruled unanimously yesterday in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer...more

5/17/2013 - Bowman v Monsanto First Sale Doctrine Genetically Engineered Seed Monsanto Patent Exhaustion SCOTUS Seeds

The Myriad Case and "Gene" Patents: Much Ado about Nothing?

The biggest concern of the biotechnology industry caused by the impending Supreme Court decision in the AMP v. Myriad Genetics case is the threat to existing patents having claims to isolated human DNA (and the DNA from other...more

5/15/2013 - AMP v Myriad Biotechnology DNA Gene Patenting Human Genes Myriad Patents

A Perspective on the Cost of the Myriad BRCA Gene Test

One of the most compelling arguments in the gene patenting debate with the public has been the cost of the Myriad BRCA gene test: $3,000 per test, a price that many without insurance coverage cannot afford. The argument...more

5/3/2013 - Human Genes Myriad

Coelacanth Genome Sequence Determined

The coelacanth, an aquatic animal described as a "living fossil" when discovered in 1938, was thought to have gone extinct during late Cretaceous period, ~70 million years ago. Only about 300 specimens of the African...more

4/30/2013 - Gene Patenting

What We May Learn from the Myriad Oral Argument

The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government)...more

4/19/2013 - DNA Myriad Oral Argument Patent-Eligible Subject Matter Patents SCOTUS The Association of Molecular Pathology v Myriad Genetics Trial Strategies

Myriad Genetic Database Under Siege

With the U.S. Supreme Court set to consider the patent-eligibility of claims to isolated human DNA in AMP v. Myriad Genetics this morning, another aspect of Myriad’s control over BRCA testing technology is being contested. ...more

4/15/2013 - AMP v Myriad Human Genes Myriad Patent-Eligible Subject Matter Patents Product of Nature Doctrine SCOTUS

A Response to Dr. Mason's "Rebuttal" to Criticisms of His Genomics Medicine Article

Much of the gene patenting debate has appeared, to experienced patent practitioners, to be akin to a conversation with Kevin Kline's character in A Fish Called Wanda, or perhaps a passage from P.G. Wodehouse's The Luck of the...more

4/12/2013 - DNA Human Genes Patent-Eligible Subject Matter Patents

Supreme Court Oral Argument in FTC v. Actavis

The Supreme Court heard oral argument in Federal Trade Commission v. Actavis (the caption for what was Federal Trade Commission v. Watson Pharmaceuticals, Inc. in the 11th Circuit opinion below) last Monday, with Deputy...more

4/2/2013 - ANDA Competition FDA FTC v Actavis Generic Drugs Manufacturers Patents Pharmaceutical Reverse Payment Settlement Agreements SCOTUS Watson Pharmaceuticals

Academic White Paper Rebuts FTC and S. 214

Paul Bender, former Clinton-era Principal Deputy Solicitor General, and his colleagues Christopher A. Mohr and Michael Kippler at the University of Arizona Law School, published a White Paper entitled "S. 214's inappropriate...more

3/29/2013 - ANDA FTC Reverse Payment Settlement Agreements

Is Lack of Preemption the Key for the Supreme Court to Decide in Myriad's Favor?

The U.S. Supreme Court will hear arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. on April15th, and the parties and their different cadres of amici have submitted briefs of varying degrees of...more

3/27/2013 - DNA Human Genes Myriad Patent-Eligible Subject Matter Patents Preemption SCOTUS

IPO Files Amicus Brief in Support of Respondents in AMP v. Myriad Genetics

In an amicus brief filed last week in support of respondents Myriad Genetics, Inc. et al., the Intellectual Property Owners Association (IPO) asked the Supreme Court to affirm the Federal Circuit's decision in Association for...more

3/20/2013 - AMP v Myriad Human Genes Intellectual Property Owners Association Patent-Eligible Subject Matter Patents SCOTUS

Senators Introduce Another Bill to Ban Reverse Payment Settlement Agreements

Last week, Senator Al Franken (D-MN) was joined by Senators David Vitter (R-LA), Dick Durbin (D-IL), Jeanne Shaheen (D-NH), and Bernie Sanders (I-VT) in introducing S. 204, the "Fair and Immediate Release of Generic Drugs...more

3/15/2013 - ANDA Drug Manufacturers FDA Generic Drugs Patents Proposed Legislation Reverse Payment Settlement Agreements

AIPLA Submits Amicus Brief to Supreme Court in AMP v. Myriad Genetics

There is a great cultural divide that has been illuminated by the Myriad case (AMP v. Myriad Genetics), between producers of technology and its consumers, governments and non-government organizations such as patient groups...more

3/14/2013 - AMP v Myriad Human Genes Patent-Eligible Subject Matter Patents SCOTUS

Myriad Sets Forth Its Case to the Supreme Court

Myriad Genetics filed its responsive brief with the Supreme Court last Thursday in AMP v. Myriad Genetics ("the Myriad case"). It is a certainly a serviceable brief that makes the patent law arguments that need to be made...more

3/12/2013 - AMP v Myriad Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Par/Paddock Answers FTC Before Supreme Court

Par PharmaceuticalPar/Paddock, one of the generic drug company defendants in FTC v. Actavis Inc. et al. (the "reverse payment" ANDA settlement case now before the Supreme Court) filed its reponsive brief last week. In it,...more

2/28/2013 - Actavis Inc. ANDA Anti-Competitive FTC Generic Drugs Hatch-Waxman Par/Paddock Patents Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Obama Administration Reports on Efforts to Prevent Trade Secret Misappropriation

The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more

2/26/2013 - Aleynikov Copyright Cyber Attacks Cybersecurity DOJ DuPont Economic Espionage Act FBI Ford Motor General Motors Goldman Sachs Hackers Industrial Espionage IPEC Misappropriation Motorola Obama Administration Patents Proposed Legislation Special 301 Theft of Trade Secrets Clarification Act Trade Policy Trade Secrets Trademarks U.S. Commerce Department

Gunn v. Minton (2013)

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

2/21/2013 - Attorney Malpractice Federal Question Jurisdiction Grable Factors Gunn v Minton Mixed Motive Cases Patents SCOTUS

Bowman v. Monsanto: Oral Argument

The Supreme Court heard oral argument today in Bowman v. Monsanto Co., with Mark P. Walters representing Farmer Bowman, Seth Waxman representing Monsanto, and Melissa Arbus Sherry representing the Department of Justice. ...more

2/20/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement Patent Exhaustion Patents SCOTUS

Parties Reiterate Arguments from Certiorari Petitions in Briefs to Supreme Court

On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto....more

2/19/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement License Agreements Patent Exhaustion

Cephalon, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

Whether ANDA litigation has had a positive or negative impact on generic drug availability is an open question, in view of several recent reports looking at the effects such litigation has had on both branded and generic...more

2/15/2013 - ANDA Cephalon Clear and Convincing Evidence Expert Testimony Generic Drugs Hatch-Waxman Infringement Patents Pharmaceutical Presumption of Validity Reversal Reverse Payment Settlement Agreements Standard of Proof

U.S. Government Requests Argument Time in Bowman v. Monsanto -- at Monsanto's Expense

In a paper filed earlier this week by Solicitor General Donald Verrilli, Jr., the U.S. government has asked the Supreme Court for leave to present ten minutes of argument in Bowman v. Monsanto. The request is not unusual or...more

2/6/2013 - Bowman v Monsanto Farms Genetically Engineered Seed Oral Argument SCOTUS Solicitor General

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more

2/1/2013 - Biotechnology Bowman v Monsanto Farms Genetically Engineered Seed Infringement Patent Exhaustion Patents SCOTUS Seeds

BayhDol25 Files Amicus Brief in Bowman v. Monsanto

"Happy families are all alike; every unhappy family is unhappy in its own way." - Leo Tolstoy, Anna Karenina A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman...more

1/31/2013 - Bayhdol25 Biotechnology Bowman v Monsanto Licenses Patents Royalties Seeds

Government Sticks to Its Guns in Bowman v. Monsanto Amicus Brief

Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari. The apparent influence of the government has waned...more

1/29/2013 - Genetically Engineered Seed Infringement Monsanto Patents SCOTUS Seed Set

Is It Time for Myriad to Concede in AMP v. Myriad for the Good of the Biotechnology Industry?

The Supreme Court's grant of certiorari over the question "Are human genes patentable" had raised for many the specter of an uninformed generalist court rendering a decision containing dicta that would negatively affect...more

1/24/2013 - Biotechnology DNA Human Genes Myriad Patent-Eligible Subject Matter SCOTUS

×

Expand Your Reach

JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...

Learn More  or  Schedule a demo

Start a limited-feature trial account (individuals only).