Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP

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Genetic Technologies Ltd. v. Merial L.L.C. (Fed. Cir. 2016)

The Federal Circuit affirmed the latest invalidation of genetic diagnostic claims last week, in Genetic Technologies Ltd. v. Merial L.L.C. While consistent with (and expressly relying upon) recent Federal Circuit precedent...more

4/11/2016 - Diagnostic Method DNA Genetic Technologies Ltd. Patent Infringement Patent Litigation

CRISPR Interference Motions Set

The Patent Trial and Appeal Board has made its decision regarding the motions each party will be able to bring in Interference No. 108,048 between the Broad Institute and the University of California ("University") over...more

3/24/2016 - DNA Interference Proceeding Patent Trial and Appeal Board Patents University of California

Sequenom Petitions for Certiorari

Sequenom filed its anticipated petition for certiorari today for Supreme Court review of the Federal Circuit's decision in Ariosa v. Sequenom. The petition advises the Court that it "should take this opportunity to provide...more

3/22/2016 - Biotechnology DNA Genetic Testing Myriad-Mayo Patent-Eligible Subject Matter Patents Petition for Writ of Certiorari Product of Nature Doctrine Sequenom

Zika Virus Vector (Aedes aegypti): Genomic Sequence

The rise and spread of the Zika virus, although limited for now to South America, has raised concerns globally, particularly with the prospect of the Summer Olympics in Rio de Janeiro later this year. And with those concerns...more

2/26/2016 - DNA Genome Project Zika

CRISPR Interference Declared

CRISPR (an acronym for Clustered Regularly lnterspaced Short Palindromic Repeats), which is part of a system for altering chromosomal sequences in situ in a cell in combination with a bacterially derived protein called Cas9,...more

1/29/2016 - DNA First-to-Invent Interference Proceeding Patent Applications Patent Litigation Patent Trial and Appeal Board Reduction to Practice USPTO

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

Octopus Genome Sequenced

Invertebrate zoology is in many ways the most comprehensive survey course on biology, encompassing most multicellular life on the planet. (Indeed, the study of the Order Coleoptera alone, comprising the beetles, would...more

8/28/2015 - DNA Genetic Materials Genome Project Life Sciences Scientific Research

Ariosa Diagnostics, Inc. v. Sequenom, Inc. (Fed. Cir. 2015)

Disaster survivors, and even people who just hear about a disaster, are often first overwhelmed by it; they can only rationally process its significance after some time. During that time they overcome the initial visceral...more

6/23/2015 - DNA Intellectual Property Litigation Myriad-Mayo Patent Infringement Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical Industry Pharmaceutical Patents Section 101 Sequenom

Koepsell and Noonan on Gene Patenting

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

5/29/2015 - BRCA DNA Gene Patenting Myriad Myriad-Mayo Patent-Eligible Subject Matter Patents

Genes Associated with ALS Identified

One of the promises of the Human Genome Project was that knowledge of the entirety of the human genetic complement would permit researchers to identify genetic bases for diseases that had been intractable to conventional...more

5/13/2015 - DNA Human Genome Project Medical Research Pharmaceutical Industry

Fine-structure Genetic Mapping of Human Population in Britain

One of the consequences of the explication of human genomic DNA by the Human Genome Project and related efforts has been a better understanding of anthropological history, i.e., how the human population has changed...more

4/27/2015 - DNA Human Genome Project Scientific Research UK

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

Domestic Cat Genome Sequenced

Earlier this month, an international effort* led by Stephen J. O'Brien at the Oceanographic Center, Nova Southeastern University, Ft. Lauderdale, Florida reported the complete genomic sequencing of the domestic cat, Felix...more

8/21/2014 - DNA Genetic Materials

How to Protect a Product of Nature

"The more things change . . ." is the beginning of an old saw, and that saying has particular relevance just days after the USPTO stopped accepted comments on its Subject Matter Eligibility Guidance. After all, this isn't...more

8/4/2014 - DNA Patent-Eligible Subject Matter Patents Roslin 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

Myriad Appeals Adverse Preliminary Injunction Decision

On March 13, Myriad Genetics filed a Notice of (interlocutory) Appeal with the Federal Circuit. Myriad is seeking to have the Court review and reverse the District Court's denial of the company's preliminary jnjunction...more

3/21/2014 - BRCA DNA Genetic Materials Genetic Testing Myriad Patent Litigation Patents Preliminary Injunctions

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

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

Sequenom Files Opening Brief in Appeal of Summary Judgment on Section 101 Grounds

Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more

1/31/2014 - DNA Genetic Materials Genetic Testing Human Genes Mayo v. Prometheus Patent Applications Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Section 101 Sequenom Summary Judgment

FDA Threatens Agency Action Against 23andMe Over Personal Genetic Testing

As reported in Fierce Medical Devices by Damian Garde, the FDA has issued a Warning Letter to personal genomics company 23andMe, demanding that the company stop selling its Personal Genomic Services (PGS) product without...more

11/26/2013 - 23andMe DNA FDA Human Genes Medical Devices

Patent Eligible Subject Matter in the District Courts: Ariosa Genetics v. Sequenom (N.D. Cal. 2013)

Last Wednesday, Judge Susan Illston of the Northern District of California granted summary judgment to declaratory judgment plaintiff Ariosa Diagnostics Inc. in Ariosa Diagnostics v. Sequenom. The legal basis of the court's...more

11/7/2013 - DNA Genetic Materials Patent Litigation Patent-Eligible Subject Matter Patents

Where Do We Stand?

Some of our commenters have asked (with greater or lesser degrees of stridency) that we "take a position" on claims like the Myriad method claims at issue in the lawsuits brought against Ambry Genetics, Gene-by-Gene, and...more

11/1/2013 - Ambry DNA Genetic Materials Human Genes Myriad Patents Pharmaceutical Industry

Defendants' Oppose Myriad's Motions to Dismiss Antitrust Counterclaims

In responding to Myriad Genetics' complaint for patent infringement, both Ambry Genetics and Gene-by-Gene asserted counterclaims under the Sherman Antitrust Act, predicated on Myriad's filing its patent infringement lawsuit. ...more

10/29/2013 - Antitrust Litigation Counterclaims DNA Genetic Materials Motion to Dismiss Myriad Patent Litigation Patents

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