Gene Patenting

News & Analysis as of

Myriad Genetics Files Suit Against Ambry Genetics for Genetic Diagnostic Testing of BRCA Genes

Today Myriad Genetics sued Ambry Genetics, Corp. in the District of Utah, Central Division for patent infringement of ten patents relating to genetic diagnostic testing (Case No. 2:13-cv-00640-RJS; complaint). ...more

Supreme Court Rules on Human Gene Patent Debate

Angelina Jolie recently made headlines for her preemptive mastectomy after learning that she carried the BRCA genes, which are linked to breast cancer....more

US Supreme Court Holds cDNA Patent Eligible, but Isolated DNA Not

On June 13, the United States Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The case concerned whether claims drawn to isolated DNA and cDNA were...more

Supreme Court Rules That Naturally Occurring DNA is not Eligible for Patent Protection

What you need to know: In the long-awaited decision in Association for Molecular Pathology v. Myriad Genetics, Inc., the US Supreme Court yesterday held that naturally occurring, yet “isolated” DNA, is not eligible for...more

Supreme Court’s Myriad Decision on Patenting Isolated DNA

The Supreme Court of the United States has now ruled on the patent eligibility of isolated DNA. On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., the Court unanimously held that a “naturally...more

McAfee & Taft tIP Sheet - June 2013: Big or small, the loss of gene patents may affect us all

On June 13th, 2013, the U.S. Supreme Court unanimously held in Association for Molecular Pathology v. Myriad Genetics that isolated DNA is not eligible for patent protection....more

Next Steps in Light of Myriad

On June 13, 2013, the U.S. Supreme Court issued its highly awaited ruling in Ass’n for Molecular Pathology v. Myriad Genetics, Inc. (the “Myriad case”), unanimously holding that isolated, naturally occurring DNA was not...more

Clinton: SCOTUS Myriad Genetics Decision 'Terrific' [Video]

June 14 (Bloomberg) -- Former President Bill Clinton discusses the U.S. Supreme Court's decision in Association for Molecular Pathology v. Myriad Genetics, Inc. with Trish Reagan at the Clinton Global Initiative in Chicago....more

Supreme Court Rules that Isolated Human Gene is Not Patent Eligible in AMP v. Myriad

On June 13, 2013, the Supreme Court unanimously held in Association for Molecular Pathology v. Myriad Genetics, Inc., that an isolated but otherwise unmodified segment of human DNA was not eligible for patent protection under...more

Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision  [Video]

June 13 (Bloomberg Law) -- Tom Goldstein, partner at Goldstein & Russell, PC and founder of SCOTUSblog, talks with Bloomberg Law's Lee Pacchia about the United States Supreme Court's decision in the Association for Molecular...more

The Supreme Court Nixes Claims to Isolated Genomic DNA

The U.S. Supreme Court decided today that claims to isolated genomic DNA are not patentable subject matter and thus invalid. This decision rendered invalid patent claims owned by Myriad Genetics as well as thousands of patent...more

News from Abroad: UK Court Seek Clarification of the Term "Human Embryo"

In Oliver Brüstle v Greenpeace (Case 34/10) the Court of Justice of the European Union (CJEU) ruled that any non-fertilised but parthenogenically stimulated human ovum constitutes a "human embryo" within the meaning of...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

The Myriad Case and "Gene" Patents: Much Ado about Nothing?

The biggest concern of the biotechnology industry caused by the impending Supreme Court decision in the AMP v. Myriad Genetics case is the threat to existing patents having claims to isolated human DNA (and the DNA from other...more

Bernstein Shur Business and Commercial Litigation Newsletter #27

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

IP Buzz - April 2013

In this issue: - Federal Circuit: Speak Now or Forever Hold Your Appeal - The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It? - DMCA Safe Harbor Upheld for...more

Dispelling the Myriad Gene Patent Harmonization Myth

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?

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

Coelacanth Genome Sequence Determined

The coelacanth, an aquatic animal described as a "living fossil" when discovered in 1938, was thought to have gone extinct during late Cretaceous period, ~70 million years ago. Only about 300 specimens of the African...more

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

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

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

"Human Genes" and Patents

At 10:00 A.M. on April 15th, the U.S. Supreme Court will entertain oral arguments in the dispute now known as the human “gene patenting” case. The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398...more

A Primer on Claim Construction -- Comments on Dr. Mason's Response

Yesterday, we posted a response from Dr. Chris Mason of Cornell University to a recent Patent Docs post and an article posted by Dr. Chris Holman on Holman's Biotech IP Blog. Dr. Mason co-authored an article in the current...more

Dr. Chris Mason Responds to Blog Posts on Genome Medicine Article -- Updated

[Ed. Patent Docs recently reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide...more

Revisiting Genome Medicine Article on "Pervasive Sequence Patents" That "Cover the Entire Human Genome"

Last week, we reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the...more

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