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Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp.

It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue. Myriad's choice of filing its post-Supreme Court...more

12/13/2013 - Due Process Fourteenth Amendment Infringement Invitae Long Arm Statute Minimum Contacts Motion to Dismiss Myriad Patents Personal Jurisdiction

Myriad Genetics Sues LabCorp over BRCA Gene Testing

The very latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is LabCorp (Laboratory Corporation of America), located in Burlington, North Carolina. ...more

12/5/2013 - BRCA Genetic Testing Infringement LabCorp Myriad Patents

Myriad Genetics Sues Invitae over BRCA Gene Testing and Invitae Sues Right Back

The latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is Invitae Corp. located in San Francisco. Myriad sued Invitae on Monday in the District of...more

11/29/2013 - BRCA Genetic Testing Infringement Invitae Myriad Patents

Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics

Myriad is facing yet another challenge to its remaining BRCA gene testing franchise, this time from Quest Diagnostics joined by its R&D arm, Nichols Institute. Quest is "the world's leading provider of diagnostic information...more

10/14/2013 - BRCA Declaratory Judgments Diagnostic Tests Human Genes Infringement Myriad Patents Quest Diagnostics

Bay Area Genetic Diagnostics Company Files Declaratory Judgment Action against Myriad Genetics

Whether relying on Carl von Clausewitz or Jack Dempsey for the sentiment, Counsyl, Inc., a genetic diagnostic testing company has decided that the best defense against Myriad Genetics is a good offense and, accordingly, has...more

10/11/2013 - Ambry BRCA Declaratory Judgments Genetic Testing Human Genes Infringement Myriad Patents

Myriad Genetics Files Infringement Suit Against Gene by Gene for Genetic Diagnostic Testing of BRCA Genes Hidden Field

A day after Myriad Genetics sued Ambry Genetics for patent infringement, the company filed suit in the District of Utah, Central Divisions against Gene by Gene Ltd. (Case No. 2:13-cv-00643-EJF; complaint). The complaint is...more

7/11/2013 - Ambry BRCA Genetic Testing Human Genes Infringement Myriad Patents SCOTUS

Organic Seed Growers & Trade Ass'n v. Monsanto Co. (Fed. Cir. 2013)

Somewhat lost in the hubbub over the Supreme Court's ruling in AMP v. Myriad was the Federal Circuit's decision, just a few days earlier, in Organic Seed Growers & Trade Ass'n v. Monsanto Co. That case is the latest windmill...more

7/5/2013 - Biotechnology Farms Food Supply Genetically Engineered Seed Infringement Monsanto Organic Organic Seed Growers & Trade Assn Patents

Supreme Court Denies Certiorari in Momenta Case

The Supreme Court on Monday declined to grant certiorari in Momenta Pharmaceuticals v. Amphastar Pharmaceuticals, a case involving a split in authority that has arisen among Federal Circuit judges regarding the scope of the...more

6/26/2013 - ANDA Certiorari FDA Infringement Patents Pharmaceutical Preliminary Injunctions Prescription Drugs Safe Harbors SCOTUS Split of Authority

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

5/24/2013 - America Invents Act Confidentiality Infringement Patent Reform Patents Pharmaceutical Prescription Drugs Prior Art

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

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

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

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