DNA, SCOTUS | JD Supra Law News

The Curious Case Of Human Gene Patents

by Thomas Engellenner | Pepper Hamilton LLP on 5/22/2013

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

Bernstein Shur Business and Commercial Litigation Newsletter #27

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 5/2/2013

We are pleased to present the 27th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight stories that will have an impact on business, commerce and litigation, including the...more

[Legal Perspective] Can Human Genes Be Patented?

by JD Supra Law News on 4/24/2013

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

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

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

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

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

“Are Human Genes Patentable?” The Supreme Court Grants Certiorari in Myriad

by Randy V. Clower | Phillips Lytle LLP on 12/20/2012

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

Supreme Court to Consider Whether (Isolated) Human Genes are Patentable

by Lars H. Genieser, Ph.D., Fabian M. Koenigbauer | Venable LLP on 12/19/2012

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

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

Federal Circuit Again Upholds Patent-Eligibility of Myriad's Isolated DNA Claims, Holds Diagnostic “Analyzing” Claims...

by Foley & Lardner LLP on 8/16/2012

On August 16, 2012, in the most recent decision in one of the most controversial and publicized biotech patent cases in many years, the Federal Circuit again decided the “ACLU/Myriad” gene patenting case (formally, The...more

Myriad Oral Arguments: Deja Vu?

by Foley & Lardner LLP on 7/22/2012

On Friday, July 20, 2012, the Federal Circuit heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), which is on remand in view of the Supreme Court...more

Myriad Urges Dismissal of “Gene Patenting” Case

by Foley & Lardner LLP on 5/31/2012

Yesterday Myriad urged the Federal Circuit to dismiss the “gene patenting” case on the ground that subject matter jurisdiction no longer exists. Myriad argued that in the alternative, the case should be remanded to the...more

Federal Circuit Sets Briefing Deadline, Oral Argument Date For Myriad Isolated DNA Case

by Foley & Lardner LLP on 5/1/2012

Pursuant to the Supreme Court’s March 26, 2012 order remanding Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), the Federal Circuit has issued an order requesting...more

Supreme Court Sends Myriad Back to the Federal Circuit

by Foley & Lardner LLP on 3/26/2012

The Supreme Court has issued a “GVR” in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), granting certiorari only to vacate the Federal Circuit decision that upheld the...more

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DNA › SCOTUS

The Curious Case Of Human Gene Patents

Bernstein Shur Business and Commercial Litigation Newsletter #27

[Legal Perspective] Can Human Genes Be Patented?

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

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

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

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?

“Are Human Genes Patentable?” The Supreme Court Grants Certiorari in Myriad

Supreme Court to Consider Whether (Isolated) Human Genes are Patentable

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)

Federal Circuit Again Upholds Patent-Eligibility of Myriad's Isolated DNA Claims, Holds Diagnostic “Analyzing” Claims...

Myriad Oral Arguments: Deja Vu?

Myriad Urges Dismissal of “Gene Patenting” Case

Federal Circuit Sets Briefing Deadline, Oral Argument Date For Myriad Isolated DNA Case

Supreme Court Sends Myriad Back to the Federal Circuit

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

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