DNA, Patent-Eligible Subject Matter

Dispelling the Myriad Gene Patent Harmonization Myth

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/1/2013

In the wake of the Supreme Court oral arguments in the Myriad “gene patent” case, most commentators are predicting that the Court will uphold the patent-eligibility of non-naturally occurring DNA sequences (such as cDNA), but...more

Supreme Debate: Are Human Genes Patentable?

by Therese Finan | Venable LLP on 5/1/2013

On April 15, 2013, tackling an issue of significant importance to the biotechnology and health care industries, the U.S. Supreme Court heard oral arguments over whether human genes are patentable and more specifically,...more

What We May Learn from the Myriad Oral Argument

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/19/2013

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

Batting Practice with DNA Patents at the U.S. Supreme Court

by Heather Khassian, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D. | Bracewell & Giuliani LLP on 4/17/2013

The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in...more

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

by Marc Hearron, Matthew Kreeger, James J. Mullen, III | Morrison & Foerster LLP on 4/16/2013

Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in...more

A Response to Dr. Mason's "Rebuttal" to Criticisms of His Genomics Medicine Article

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/12/2013

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

Can You Patent Human Genes? ACLU Says No [Video]

by Bloomberg Law on 4/12/2013

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

Genome Medicine Article Calls for Limits on Patenting of Existing Nucleotide Sequences

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 4/3/2013

In an article published in the current issue of Genome Medicine, Jeffrey Rosenfeld of the University of Medicine & Dentistry of New Jersey and Christopher Mason of Cornell University contend that due to the non-specificity of...more

Supreme Court To Hear Oral Arguments in Landmark Patent Case

by Baker, Donelson, Bearman, Caldwell &... on 3/28/2013

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

Is Lack of Preemption the Key for the Supreme Court to Decide in Myriad's Favor?

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/27/2013

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

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

by Joan Ellis, Chris Mitchell, H. Jonathan Redway | Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes [Video]

by Lawline.com on 3/21/2013

We have all heard the popular adage, "the whole is greater than the sum of the parts." Can we ever say that the parts, when divided, are greater than their assembled whole? In relation to the issue of genetic patentability,...more

Isolated Nucleic Acids Are Patentable – What Does The “Myriad” Decision In Australia Mean For Patent Applicants?

by Karen Bentley, Adam Denley | Freehills Patent Attorneys on 2/21/2013

In a landmark decision regarding the patentability of genetic material, the Federal Court of Australia has held that any nucleic acid found in cells, whether it be DNA or RNA, that has been removed from the cellular...more

Australian Federal Court Upholds Myriad’s Gene Patent

by James J. Mullen, III, Mary Prendergast | Morrison & Foerster LLP on 2/19/2013

While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld Myriad Genetics’ patent on methods for screening for cancer-predisposing...more

Myriad Posts Gene Patenting Victory in Australia

by Antoinette F. Konski | Foley & Lardner LLP on 2/19/2013

In a companion case to the “gene patenting” dispute presently before the U.S. Supreme Court, Myriad Genetics, Inc. successfully defended the patent-eligibility of “gene patents” in Australia. In Cancer Voices et al. v. Myriad...more

Isolated Nucleic Acids Are Patentable – Landmark “Myriad” Decision In Australia

by Karen Bentley, Adam Denley | Freehills Patent Attorneys on 2/15/2013

In a landmark decision regarding the patentability of genetic material, the Federal Court of Australia has held that any nucleic acid found in cells, whether it be DNA or RNA, that has been removed from the cellular...more

United States Asks Supreme Court to Affirm on cDNA, Reverse on Isolated, Unmodified DNA

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 2/13/2013

In an amicus brief filed last month in Association for Molecular Pathology v. Myriad Genetics, Inc., the United States asks the Supreme Court to affirm the judgment of the Federal Circuit that cDNA is patent-eligible and...more

Is It Time for Myriad to Concede in AMP v. Myriad for the Good of the Biotechnology Industry?

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 1/24/2013

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

The Patentability of Isolated DNA Will be Decided by the Supreme Court

by Robert W. Esmond, Ph.D., Eric K. Steffe | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/4/2012

On November 30, 2012, the U.S. Supreme Court agreed to review the Federal Circuit decision in Association for Molecular Pathology v. Myriad Genetics, holding that isolated human genes are patent-eligible under 35 U.S.C. §...more

Myriad Finally Gets Its Day in (the Supreme) Court

by James J. Mullen, III, Mary Prendergast | Morrison & Foerster LLP on 12/3/2012

INTRODUCTION - The Supreme Court today granted certiorari in Assoc. for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. (Myriad), to address the issue of whether human genes are patentable. This...more

Myriad Files Responsive Brief Opposing Certiorari

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 11/30/2012

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

Myriad Responds: ACLU Asks the Wrong Question

by Antoinette F. Konski | Foley & Lardner LLP on 11/15/2012

On October 31, 2012, Myriad Genetics, Inc. et al. (“Respondent” or “Myriad”) filed its brief in opposition to Petitioners’ (The Association for Molecular Pathology et al., represented by the American Civil Liberties Union or...more

Myriad Marches Towards the Supreme Court (Again)

by Foley & Lardner LLP on 9/27/2012

The Association for Molecular Pathology (represented by the ACLU) has filed a petition for certiorari to the Supreme Court, seeking review of the Federal Circuit’s August 16, 2012 decision that upheld the patent-eligibility...more

Myriad Genetics Notches Another Legal Victory

by Konstantin Linnik, JD, PhD on 9/6/2012

Sept 6, 2012, Cancer Discover--Myriad Genetics of Salt Lake City, UT, can check off another legal victory on its BRCA1 and BRCA2 patent claims. On August 16, 2012, the U.S. Court of Appeals for the Federal Circuit in...more

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DNA › Patent-Eligible Subject Matter

Dispelling the Myriad Gene Patent Harmonization Myth

Supreme Debate: Are Human Genes Patentable?

What We May Learn from the Myriad Oral Argument

Batting Practice with DNA Patents at the U.S. Supreme Court

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

A Response to Dr. Mason's "Rebuttal" to Criticisms of His Genomics Medicine Article

Can You Patent Human Genes? ACLU Says No [Video]

Genome Medicine Article Calls for Limits on Patenting of Existing Nucleotide Sequences

Supreme Court To Hear Oral Arguments in Landmark Patent Case

Is Lack of Preemption the Key for the Supreme Court to Decide in Myriad's Favor?

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes [Video]

Isolated Nucleic Acids Are Patentable – What Does The “Myriad” Decision In Australia Mean For Patent Applicants?

Australian Federal Court Upholds Myriad’s Gene Patent

Myriad Posts Gene Patenting Victory in Australia

Isolated Nucleic Acids Are Patentable – Landmark “Myriad” Decision In Australia

United States Asks Supreme Court to Affirm on cDNA, Reverse on Isolated, Unmodified DNA

Is It Time for Myriad to Concede in AMP v. Myriad for the Good of the Biotechnology Industry?

Top Three Stories of 2012

The Patentability of Isolated DNA Will be Decided by the Supreme Court

Myriad Finally Gets Its Day in (the Supreme) Court

Myriad Files Responsive Brief Opposing Certiorari

Myriad Responds: ACLU Asks the Wrong Question

Myriad Marches Towards the Supreme Court (Again)

Myriad Genetics Notches Another Legal Victory

Can You Patent Human Genes? ACLU Says No [Video]

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes [Video]

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