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In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (Fed. Cir. 2014)

In a decision that will surprise no one (written by Judge Dyk, which made the conclusions foregone from the first page of the opinion), the Federal Circuit today affirmed the Utah District Court's decision denying Myriad...more

12/18/2014 - Multidistrict Litigation Myriad Patent Litigation Patents Popular Preliminary Injunctions

Federal Circuit Argument in Myriad Appeal Scheduled

The Federal Circuit has scheduled oral argument in Myriad Genetics' appeal of denial earlier this year by the Utah District Court of its motion for preliminary injunction against Ambry Genetics....more

9/26/2014 - Ambry Appeals Myriad Myriad v Ambry Patent Infringement Patent Litigation Patents

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

Good News, Bad News and More Inflammatory Rhetoric in Myriad Genetics Case

While the rest of the patent world was focused on Supreme Court opinions (issued and pending) and Congressional action vel non on threats like patent trolls, the consolidated Multi District Litigation between Myriad Genetics...more

6/18/2014 - Genetic Markers Genetic Materials Genetic Testing Myriad Myriad v Ambry Patent Infringement Patent Litigation Patent Trolls 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. ยง 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 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 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 Gene-By-Gene 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 SCOTUS

In Defense of Patenting

Fritz Machlup, an economist, once said that if we didn't have a patent system it would be irresponsible to recommend one, but since we have one, it would be irresponsible to abolish it. An Economic Review of the Patent...more

12/20/2013 - Bayh-Dole Act BRCA GATT Inventors Licenses Myriad Patent Reform Patent-Eligible Subject Matter Patents Pharmaceutical Prior Art Royalties Technology Universities WTO

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

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

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

Myriad Genetics Files Amended Complaint Relating to Colon Cancer Genetic Diagnostic Testing

On July 19th, Myriad Genetics amended its complaint against Ambry Genetics to include claims to its patents relating to colon cancer predictive genetic diagnostic testing (amended complaint). ...more

10/24/2013 - Biotechnology Genetic Testing Myriad Patent Infringement Patent Litigation Patents

Myriad Genetics Sues Quest for Patent Infringement

Turnabout being fair play, Myriad Genetics today filed suit against Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute for patent infringement in an action brought in the Federal District Court for the District...more

10/23/2013 - DNA Genetic Materials Human Genes Myriad Patent Infringement Patents

Myriad Sues GeneDx on BRCA and Other Genetic Diagnostic Patents

After a brief hiatus that saw Counsyl and Quest Diagnostics file declaratory judgment actions in alternate venues, Myriad has filed yet another lawsuit against a genetic diagnostics company that brought its own BRCA gene...more

10/22/2013 - BRCA DNA Genetic Materials Human Genes Myriad Patent-Eligible Subject Matter Patents

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

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

Preliminary Injunction in Myriad v. Ambry and Gene-by Gene: Myriad Replies

Not to be outdone by defendants Ambry Genetics and Gene-by-Gene's 109-page brief in opposition to Myriad's Preliminary Injunction Motion, Myriad has now filed a Reply Brief weighing in at 140 pages (page limits in briefs...more

10/10/2013 - AMP v Myriad BRCA DNA Genetic Testing Myriad Myriad v Ambry Patents Preliminary Injunctions

Defendants' Response to Myriad's Preliminary Injunction Motions - Myriad Genetics v. Ambry Genetics Corp. and Myriad Genetics v....

Last month, Ambry Genetics and Gene By Gene responded to Myriad's motion for preliminary injunction in a 109 page brief that sets out its invalidity case as well as the basis for its antitrust counterclaims. Supported by...more

9/20/2013 - AMP v Myriad Genetic Testing Human Genes Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents Preliminary Injunctions

Myriad Moves to Dismiss Ambry's Antitrust Counterclaims on Noerr-Pennington Doctrine

The Supreme Court, in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), has in recent years focused the requirements for pleadings under the Federal Rules of Civil Procedure...more

8/29/2013 - Ambry Antitrust Litigation Bad Faith Biotechnology Counterclaims DNA Federal Rules of Civil Procedure Genetic Materials Myriad Noerr-Pennington Doctrine Patents Twombly/Iqbal Pleading Standard

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