Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP

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Investment in Biotechnology Companies -- Nature Biotechnology Report

Despite an understandable amount of gloom and doom in patenting circles regarding the effects of the recent Supreme Court and Federal Circuit jurisprudence on life sciences patents (Mayo v. Prometheus; AMP v. Myriad Genetics;...more

9/1/2016 - AMP v Myriad Ariosa Biotechnology Global Economy Investment Funds Investors Life Sciences Mayo v. Prometheus Patent-Eligible Subject Matter Patents Product of Nature Doctrine Sequenom Venture Capital

Will "Open Source" be the Future of Genetic Diagnostics?

One of the effective arguments made by the ACLU in the AMP v. Myriad case was that somehow permitting patents on genes implicated a patient's privacy right in her genetic material. This was also the theme of their public...more

3/21/2016 - ACLU AMP v Myriad BRCA Genetic Materials Patents Patient Privacy Rights

Federal Circuit Denies Rehearing En Banc in Ariosa v. Sequenom

The Federal Circuit declined to rehear en banc the panel decision in Ariosa v. Sequenom. This decision was not surprising but what may be surprising was that only three judges wrote opinions, one in dissent (Judge Newman)...more

12/3/2015 - Abstract Ideas AMP v Myriad Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Precedential Opinion Preemption SCOTUS Sequenom

What May Be the IP Provisions of the Trans Pacific Partnership Agreement

The diplomats negotiating the Trans Pacific Partnership (TPP) agreement have done the seemingly impossible: they have kept the details of the draft agreement secret from the press and interested parties in the United States,...more

10/16/2015 - AMP v Myriad Biologics BPCIA CLS Bank v Alice Corp Copyright Fast Track Process GATT Innovation Intellectual Property Protection Mayo v. Prometheus Obama Administration Patent-Eligible Subject Matter Patents Popular SCOTUS Trademarks Trans-Pacific Partnership TRIPS Agreement WTO

PTO Releases Report on Confirmatory Genetic Diagnostic Testing

More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more

10/7/2015 - America Invents Act AMP v Myriad CMS Congressional Reports Diagnostic Tests DNA Exclusive Licenses Genetic Testing Health Insurance Healthcare Innovation Mayo v. Prometheus Patents Public Disclosure SCOTUS USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: JYANT Technologies, Inc.

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/30/2015 - Amicus Briefs AMP v Myriad En Banc Review Intellectual Property Protection Mayo v. Prometheus Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Novartis AG

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/24/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review Intellectual Property Protection Mayo v. Prometheus Novartis Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Pharmaceutical Patents Prior Art SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Paul Gilbert Cole

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/23/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Prior Art SCOTUS Sequenom TRIPS Agreement USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Bioindustry Association

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/21/2015 - America Invents Act Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review EPO Intellectual Property Protection Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: WARF, Marshfield Clinic, and MCIS, Inc.

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/18/2015 - Amicus Briefs AMP v Myriad CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Obviousness Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing Prior Art SCOTUS Sequenom

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: BIO and PhRMA

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/17/2015 - Amicus Briefs AMP v Myriad Biotechnology CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing PHRMA SCOTUS Sequenom USPTO

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Amarantus Bioscience Holdings, Personalis, Inc., and...

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

9/16/2015 - Amicus Briefs AMP v Myriad Claim Construction CLS Bank v Alice Corp En Banc Review Mayo v. Prometheus Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Petition For Rehearing SCOTUS Sequenom

The ACLU, Working for the Man

The ACLU championed its efforts in the AMP v. Myriad case as being another instance of the group fighting for the rights of the many and the powerless against corporate America and the oligarchical few. In a paradox, it now...more

3/25/2015 - AMP v Myriad BRCA Genetic Materials Myriad Patent Litigation Patents Personalized Medicine Pharmaceutical Patents

Myriad Throws in the Towel

In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of the Court's holding in its opinion) filed...more

1/28/2015 - AMP v Myriad Covenant Not to Sue Declaratory Judgments DNA Genetic Testing Multidistrict Litigation Myriad Myriad v Ambry Patent Infringement Patent Litigation Patents SCOTUS Settlement Agreements

Ariosa v. Sequenom -- Ariosa's Responsive Brief

The Federal Circuit heard oral argument in the Ariosa v. Sequenom case last Friday, and a discussion of that argument will be posted in due course. Having posted on Sequenom's opening brief and the amicus brief filed by BIO,...more

11/12/2014 - AMP v Myriad DNA Genetic Materials Patent Infringement Patent Litigation Patents Sequenom

Docs @ BIO: The Rest of the Story - Bloomberg BNA Hosts Panel on Subject Matter Eligibility

Last month at the BIO convention, Randy Kubetin, Managing Editor of Bloomberg BNA's Life Sciences Law & Industry Report moderated a panel entitled "Patent Eligibility from the Trenches: Practical Implications of the Supreme...more

7/9/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS USPTO

Docs @ BIO: BNA Issues Report on PTO's Patent Eligibility Guidance

Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014...more

7/1/2014 - AMP v Myriad Biotechnology Guidance Update Mayo v. Prometheus Patent-Eligible Subject Matter Patents Public Comment SCOTUS USPTO

Sherry Knowles Speaks Truth to the Power of the PTO on § 101 Guidelines

Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more

5/2/2014 - AMP v Myriad Biotechnology GlaxoSmithKline Mayo v. Prometheus Patent Litigation Patents Pharmaceutical Industry SCOTUS Section 101 USPTO

Dr. Cook-Deegan Brings the Medical Community Up to Date on the Myriad Case

In an article in The Cancer Letter entitled "Robert Cook-Deegan's Viewers' Guide To the Super Bowl of Gene Patent Cases," Professor Robert Cook-Deegan (at right) of the Institute for Genome Sciences & Policy and Sanford...more

4/1/2014 - AMP v Myriad DNA Genetic Materials Human Genes Patent Litigation Patent-Eligible Subject Matter Patents

Panel on Multidistrict Litigation Consolidates Myriad Cases in Utah District Court

The old adage "Be careful what you wish for" comes to mind regarding Myriad Genetics' motion to the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407, that cases relating to the company's BRCA gene patents be...more

3/20/2014 - AMP v Myriad BRCA DNA Multidistrict Litigation Myriad Patent Infringement Patent Litigation Patents

Thoughts on the USPTO's Patent Eligibility Guidelines (and What to Do About Them)

The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo...more

3/19/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents Pharmaceutical Industry SCOTUS USPTO

Utah Judge Denies Myriad's Preliminary Injunction Motion

In a 106-page opinion, U.S. District Court Judge Robert J. Shelby on Monday denied Myriad Genetics motion for preliminary injunction in Myriad Genetics v. Ambry Genetics. Characteristic of its aggressive defense of its...more

3/12/2014 - AMP v Myriad BRCA DNA Genetic Materials Human Genes Myriad Myriad v Ambry Patent Litigation Patents Pharmaceutical Industry Preliminary Injunctions

Gene-by-Gene Cries Uncle, Settles with Myriad Genetics

Gene-by-Gene, Inc. was one of the first direct-to-consumer (DTC) genetic diagnostics companies to announce that it would offer BRCA1/BRCA2 testing after the Supreme Court's decision last June that certain of Myriad Genetics'...more

2/10/2014 - AMP v Myriad BRCA DNA Genetic Testing Human Genes Myriad Patent Infringement Patent Litigation Patents

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

1/24/2014 - 23andMe America Invents Act AMP v Myriad Biotechnology Bowman v Monsanto FTC v Actavis Innovation Act Life Sciences Monsanto Myriad Patent Infringement Patent Litigation Patent Reform Patent Trolls Patents Pharmaceutical Industry SCOTUS

Genes and Information: The Problem of Disease-specific Databases

One of the many untruthful positions taken by the ACLU in the AMP v. Myriad Genetics case was that DNA is merely information, like a computer program, and as such Myriad's patent claims were invalid as reciting...more

10/16/2013 - ACLU AMP v Myriad DNA Genetic Materials GINA HIPAA Human Genes Myriad Patent-Eligible Subject Matter Patents

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