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Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP


Latest Posts › Patent-Eligible Subject Matter

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What We May Learn from the Myriad Oral Argument

The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government)...more

4/19/2013 - DNA Myriad Oral Argument Patent-Eligible Subject Matter Patents SCOTUS The Association of Molecular Pathology v Myriad Genetics Trial Strategies

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

In re Ditto (Fed. Cir. 2012) - Cats and the Federal Circuit

Unlike dog breeds that tend to be of ancient vintage (Labra-doodles and Yorkie-poos to the contrary), many cat breeds are of relatively recent parentage. While there are many naturally occurring breeds (such as Maine Coons...more

12/12/2012 - Patent-Eligible Subject Matter Patents USPTO

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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