Biotechnology Supreme Court of the United States

News & Analysis as of

High Court of Australia determines isolated BRCA1 gene not patentable in Australia

The High Court of Australia has unanimously overturned previous decisions from lower courts and has held that certain claims to Myriad's patent for isolated BRCA1 nucleic acid molecules are not patentable in Australia...more

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: BIO and PhRMA

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

Strong Support for Sequenom’s Petition for Rehearing En Banc

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

Federal Circuit Expands Direct Divided Infringement

In an en banc, per curiam decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., on remand from the Supreme Court, the Federal Circuit broadened the circumstances under which a party can be liable for direct...more

IP Newsletter - January 2015

In This Issue: - Castle Defense: Federal Circuit Reinforces Patent Damages Gate in VirnetX - Standards Patent Licensing: Always Apportionment, Sometimes Stacking - Supreme Court to Consider Good-Faith...more

Docs @ BIO: BNA Issues Report on PTO's Patent Eligibility Guidance

Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014...more

Myriad - One Year Later

The Supreme Court decision last year on June 13, 2013 in Association of Molecular Pathology v. Myriad Genetics may have been a watershed moment for the biotechnology industry. So far the effects have been hard to detect, but...more

Sherry Knowles Speaks Truth to the Power of the PTO on § 101 Guidelines

Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more

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

Top Three Stories of 2013

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Intellectual Property and Technology News | Issue 4, Q3 2013 (Global)


In re Adler (Fed. Cir. 2013)

Ever since the Supreme Court handed down its decision in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), both the U.S. Patent and Trademark Office and the courts have found it easier to render a decision that a claimed...more

Post-Myriad Strategies for Claiming Biotech Inventions in the United States

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No....more

After Myriad: A Herd of Elephants in the Room

As we all know by now, the Supreme Court last month decided that isolated genes are not eligible for patenting. Although seemingly drawing a clear-cut distinction between DNA molecules having the same sequence as that which...more

Myriad: Comparing US Law with European, Japanese and Australian Law

The decision by the U.S. Supreme Court that isolated DNA having the same sequence as naturally-occurring DNA is not patentable subject matter is inconsistent with the position of the European Patent Office and Japanese law....more

Supreme Court Rules on Patentability of Human Genes

Today the U.S. Supreme Court answered the question "Are human genes patentable?" The Court, in Association of Molecular Pathology et al. v. Myriad Genetics, Inc. et al., ruled that isolated DNA is a product of nature and not...more

Patent Watch: Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring....more

Supreme Court Holds Isolated Naturally Occurring DNA Cannot Be Patented, Sustains Patent-Eligibility of cDNA

On June 13, 2013, the U.S. Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patenting case (formally, Association For Molecular Pathology. et al. v. Myriad Genetics, Inc., et al., Supreme Court No....more

Supreme Court Issues Decision in AMP v. Myriad -- Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)

In a much anticipated decision, the Supreme Court issued its opinion this morning in Association for Molecular Pathology v. Myriad Genetics, Inc. In an opinion by Justice Thomas, joined by Chief Justice Roberts, Justices...more

U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable

Summary - On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences...more

What Supreme Court’s Myriad decision means for biopharma companies

On June 13, 2013, the US Supreme Court ruled that certain patent claims owned by Myriad Genetics, the US biotech company that holds the patents covering a test for a breast-cancer related genes (BRCA1 and BRCA2), are invalid...more

Myriad: The Court Has Spoken — Isolated DNA Is NOT Patent-Eligible Subject Matter

Yesterday, the U.S. Supreme Court issued its anxiously awaited decision in Association for Molecular Pathology et al. v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013). The Court addressed whether an isolated...more

SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra...more

Will the Supreme Court Limit Nanotech Patents?

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

How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to...more

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