News & Analysis as of

Genetic Technologies Ltd.

Foley & Lardner LLP

Another Diagnostic Patent Falls Under 101

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In Genetic Techs Ltd v Merial LLC (Fed. Cir., April 8, 2016), the Federal Circuit invalidated yet another diagnostic patent for failing to satisfy 35 U.S.C. § 101 on the ground that the claims recite nothing more than a law...more

Foley & Lardner LLP

Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility

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Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that use “junk DNA” to detect genetic variations lack patent eligibility under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genetic Technologies Ltd. v. Merial L.L.C. (Fed. Cir. 2016)

The Federal Circuit affirmed the latest invalidation of genetic diagnostic claims last week, in Genetic Technologies Ltd. v. Merial L.L.C. While consistent with (and expressly relying upon) recent Federal Circuit precedent...more

Foley & Lardner LLP

District Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss

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Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that...more

Robins Kaplan LLP

Personalized Medicine and Patent Eligibility under 35 U.S.C. § 101

Robins Kaplan LLP on

Double-digit growth is predicted for the molecular diagnostic market in the next several years, driven in part by an increased demand for personalized medicine—medical decisions and therapeutic products tailored to address...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Australian Federal Court Upholds Myriad's BRCA1 Gene Patents

In a significant win for Myriad, and their licensee Genetic Technologies Ltd, the Australian Federal Court on Friday upheld Myriad's method patents used in cancer screening for mutations in the BRCA1 gene. This decision will...more

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