News & Analysis as of

DNA

The Domestication History of Apples Revealed by Genomic Analysis

A major conceit of the "genomics" revolution, involving the various species-specific genome projects epitomized by the one for Homo sapiens was the idea that decoding a genome would tell us everything there was to know about...more

European Court to France: DNA Database Violates Fundamental Rights

by Hogan Lovells on

The European Court of Human Rights decided on June 22, 2017 that France’s DNA database for convicted criminals disproportionately interferes with individuals’ privacy rights because of its one-size-fits-all retention period...more

Nanochip Device with Potential To Heal Tissue and Organs

by Knobbe Martens on

According to a regenerative medicine article published online on August 07, 2017 in the journal Nature Nanotechnology titled “Topical tissue nano-transfection mediates non-viral stroma reprogramming and rescue”, Researchers...more

Criminal Overreach

by Reed Smith on

Come visit us in our office whilst we are poring over a brief and, with minimal provocation, we will put aside the task at hand and start gabbing about our days as a prosecutor. Come sit next to us while we are pouring a...more

Why The Federal Circuit Revisited Written Description

by Foley & Lardner LLP on

In Stanford University v. The Chinese University of Hong Kong (Fed Cir. No 2015-2011, June 27, 2017), the Federal Circuit vacated and remanded interference decisions on the ground the Patent Trial and Appeal Board (“Board”)...more

Alaska Genetic Privacy Suit Survives Motion To Dismiss

by King & Spalding on

On June 30, 2017, the U.S. District Court for the District of Alaska—in Cole v. Gene by Gene, Ltd., No. 1:14-CV-00004-SLG, 2017 WL 2838256, at *5 (D. Alaska June 30, 2017)—denied a motion to dismiss a putative class action...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Nations Press for International Restrictions to Govern Genetic Sequence Data

by WilmerHale on

A clash over access to and use of genetic sequence data (GSD) is currently brewing on several international fronts. To date, GSD has been routinely deposited in open-source databases such as GenBank of the National Center for...more

Preparing Biotech Patent Applications - Ten Strategies for Success

by Knobbe Martens on

Obtaining issued patents in the biotechnology space can be a challenge. Here is a list of ten patent strategies we recommend for biotechnology innovators to increase their odds of obtaining valuable intellectual property...more

Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling this...more

Food for Thought (and Health): Day 2 Notes from the JP Morgan Healthcare Conference

Addressing the Social Determinants of Health: Is the healthcare industry pushing a rock up a hill? We collectively are trying to provide healthcare with improved quality and reduced cost, but the structure of the nation’s...more

Pro Bono Appeal: Navigating Inconsistencies in Posthumous DNA Testing Statutes

by Farrell Fritz, P.C. on

Family Court Act § 519 and Estates Powers and Trusts Law (“EPTL”) § 4-1.2 both address a child’s right to prove paternity after the putative father’s death. However, DNA testing may be considered under Family Court Act § 519...more

Potchain 1.0 and Blockchain

by Fisher Phillips on

This is not a post about marijuana, weed, dope, pot or whatever you want to call marijuana. Well, maybe it is, but from a technological perspective on how the legal cannabis industry is embracing blockchain technology. If you...more

Patenting in Canada: Do These Genes Fit?

The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic...more

Court Denies Preliminary Injunction in Light of Pending IPR of Similar Patent Claims

A district court judge denied a plaintiff’s motion to preliminarily enjoin a defendant from selling saliva collection kits for DNA testing....more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - September 2016

by Mintz Levin on

Leaders in the News: EnerNOC - This month we’d like to highlight EnerNOC, a leading provider of energy intelligence software (EIS) that supports decision-making around energy costs and sustainability issues. EnerNOC...more

Bad Science Makes Bad Patent Law—No Science Makes It Worse (Part II)

by Fenwick & West LLP on

In Part I, I explained some general criteria for laws of nature, considering the prototypes of Newton's laws and Einstein's E=mc2. Now I'll turn to whether there are laws of nature in biology. Biological generalizations,...more

"Assuming" the Obvious: Exclusion for “Assumption of Liability in a Contract” Does Not Apply to Breach of Professional Services

In what it described as a case of first impression, the Northern District of California ruled that a professional liability policy that excluded the insured’s “assumption of liability obligations in a contract or agreement”...more

The Supreme Court to Tackle Extraterritorial Reach of U.S. Patents

by Foley & Lardner LLP on

The Supreme Court recently granted certiorari in Life Techs. Corp. v. Promega Corp., 14-1538, to resolve: “[w]hether a supplier can be held liable for providing ‘all or a substantial portion of the components of a patented...more

FDA Issues Guidance on Use of Public Human Genetic Variant Databases and Their Use in Personalized Medicine

by Foley & Lardner LLP on

Next Generation Sequencing (NGS) permits the analysis of millions of genetic variants at a time and has proven to be invaluable for the development of personalized or precision medicine. Analysis of whole genomes is providing...more

Keeping Up To Date On CRISPR – July 2016

by Foley & Lardner LLP on

CRISPR is a gene editing technique that promises to revolutionize genetic engineering, but already is raising ethical, business, and legal issues. This is the first in a monthly series of articles on CRISPR. ...more

FDA Issues Draft Guidance To Streamline Regulatory Oversight Of NGS-Based Tests For Diagnosing Germline Diseases

by Foley & Lardner LLP on

Personalized or Precision Medicine needs reliable and accurate diagnostic tests to guide clinical intervention and treatment decisions. Traditional testing of germline variants is site-specific and therefore only provides...more

FDA Issues Draft Guidance as Part of Precision Medicine Initiative

by Morgan Lewis on

The two draft guidance documents are intended to streamline the review of next generation sequencing-based tests. On July 8, the US Food and Drug Administration (FDA or Agency) issued two draft guidance documents...more

FDA’s new Next Generation Sequencing Draft Guidance leaves fundamental questions unanswered: key points

by DLA Piper on

The Food and Drug Administration has released a 25-page Draft Guidance document addressing FDA oversight of certain applications of Next Generation Sequencing (NGS)-based technology. The Draft Guidance - "Use of Standards in...more

Next-Generation Sequencing: FDA Issues New Guidance for Genetic Tests

by Epstein Becker & Green on

On July 6, 2016, the U.S. Food and Drug Administration (“FDA” or “Agency”) released the following two draft guidance documents on the oversight of next-generation sequencing (“NGS”) tests...more

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