Can You Patent Human Genes? ACLU Says No
Going on the Offense: Proactive Strategies to Reduce Uncertainty
In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Takeda Pharmaceutical Co. et al. v. Impax Laboratories, Inc. 3:13-cv-02416; filed May 29, 2013 in the Northern District...more
Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more
On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. - Depomed, Inc. v. Endo Pharmaceuticals Inc. 3:13-cv-02467; filed April 17, 2013 in the District Court of New Jersey:...more
Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when...more
In This Issue: Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more
In This Issue: Enzo Life Sciences Inc. v. Abbott Laboratories et al. and Sucampo AG et al. v. Anchen Pharmaceuticals Inc. et al....more
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
In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cadence Pharmaceuticals, Inc. et al. v. Fresenius Kabi USA, LLC - 3:13-cv-00139; filed January 17, 2013 in the...more
Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Astellas US LLC et al. v. Fresenius Kabi USA LLC - 1:12-cv-01699; filed December 12, 2012 in the District Court of...more
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