Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP


Latest Posts › Human Genes

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U.S. Supreme Court Rules Human Genes Cannot Be Patented While Approving Patentability of Synthetic Genes in Issuing Key Myriad...

The Supreme Court ruled unanimously June 13, 2013 in favor of Plaintiffs/Petitioners in Association of Molecular Pathologists v. Myriad Genetics on the question of whether isolated DNA is patent eligible. The opinion found a...more

6/18/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)

The Supreme Court rendered its opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. ("the Myriad case"), and in many ways it was anticlimactic: the Court adopted the Department of Justice's position...more

6/14/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

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

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

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

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

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

Supreme Court Grants Cert in AMP v. Myriad

In a decision that should surprise no one, the U.S. Supreme Court granted certiorari today in Association for Molecular Pathology v. Myriad Genetics, Inc. The grant was limited to the first question presented, whether human...more

12/3/2012 - Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Myriad Files Responsive Brief Opposing Certiorari

On Halloween, Myriad Genetics filed its brief in opposition to plaintiffs' petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc. (plaintiffs nominally being the Association for Molecular...more

11/30/2012 - ACLU DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS USPTO

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