Can You Patent Human Genes? ACLU Says No
Going on the Offense: Proactive Strategies to Reduce Uncertainty
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
Earlier this month, the United States Supreme Court heard oral arguments in a case that comes down to a single question: can human genes be patented?...more
April 12 (Bloomberg Law) -- On April 15, 2013, the United States Supreme Court will hear oral arguments for Association for Molecular Pathology v. Myriad Genetics, Inc. The case centers on whether patents may be granted on...more
March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...more
April 15 is a big day for biotechnology, pharmaceutical, and medical diagnostic companies at the Supreme Court, as justices begin a new session by hearing oral arguments in a landmark case involving the patentability of...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
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
On November 30, 2012, the Supreme Court granted certiorari – in what portends to be one of the most impactful decisions in patent law history – to end the “gene patenting” debate, an issue that lower courts have measured over...more
On November 30, 2012, the U.S. Supreme Court agreed to decide a case presenting the seemingly simple, but legally complex, question, “Are human genes patentable?” After Bilski v. Kappos, 130 S. Ct. 3218 (2010) and Mayo...more
First, there was Mayo v. Prometheus, where the Supreme Court found the medical diagnostic methods at issue were not patentable subject matter. Then, the Court sent Myriad back to the Federal Circuit, for further consideration...more
In its decision announced yesterday in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), the Supreme Court clarified the ownership of inventions resulting from...more
The justices of the Supreme Court, in their questioning of Microsoft Corp. and i4i Limited Partnership attorneys, revealed frustration with the proliferation of bad patents and uncertainty over what to do about the problem....more
Although long-anticipated, the Supreme Court's opinion in Bilski did not provide much in terms of “pellucid” teachings regarding the metes and bounds of patent-eligible subject matter. Against this backdrop, the Court decided...more
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