Mayo v. Prometheus

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

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

Personalized Medicine Patenting Update

by Antoinette F. Konski | Foley & Lardner LLP on 1/14/2013

Patenting diagnostic methods is more challenging in the wake of the U.S. Supreme Courts Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. __ (2012) (Prometheus) and the USPTO’s application of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Property Newsletter - December 2012

by King & Spalding on 12/29/2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

Sound the Alarm?—The Supreme Court’s Renewed Interest in Life Sciences Patents Could Create Additional Hurdles Across the Field

by Morrison & Foerster LLP on 11/19/2012

First, there was Mayo v. Prometheus, where the Supreme Court found the medical diagnostic methods at issue were not patentable subject matter. Then, the Court sent Myriad back to the Federal Circuit, for further consideration...more

Mayo V Prometheus: Another Guidepost on the Road to Determining Patentability in the Post-Industrial Age by Jane Plomley and...

by Robert E. Counihan, Jane Plomley | White & Case LLP on 11/19/2012

Originally published in Bio-Science Law Review - November 2012. On 20 March 2012, in Mayo Collaborative Servs v Prometheus Labs, Inc., the Supreme Court of the United States invalidated diagnostic treatment process...more

Isolated Human Genes Still Patentable in the United States

by Serge Lapointe on 9/24/2012

On remand from the Supreme Court, the United States Court of Appeals for the Federal Circuit released its second opinion in Assoc. Molecular Pathology (AMP) et al. v. Myriad Genetics. The Court was asked...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

What Do The IP Lawyers Have To Say In The Myriad Remand?

by Foley & Lardner LLP on 6/27/2012

Several associations and organizations of intellectual property lawyers submitted amicus briefs in the Federal Circuit remand of Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU “gene patenting”/BRCA1...more

The Myriad And ACLU Supplemental Briefs On Remand To The Federal Circuit

by Foley & Lardner LLP on 6/22/2012

Myriad and the ACLU filed their supplemental briefs in the remand of Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU “gene patenting”/BRCA1 case), addressing the Federal Circuit’s question as to the...more

The United States Files Its Amicus Brief In Myriad

by Foley & Lardner LLP on 6/18/2012

The briefs in the remand of Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case) were due last Friday, June 15, 2012. While the views of the parties and other amici may be of...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

My Myriad Nightmare

by Foley & Lardner LLP on 3/23/2012

Now that the Supreme Court has issued its unanimous decision reversing the Federal Circuit decision in Prometheus, it is expected to decide the petition for certiorari in Association for Molecular Pathology v. Myriad...more

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

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

Personalized Medicine Patenting Update

Top Three Stories of 2012

Intellectual Property Newsletter - December 2012

Sound the Alarm?—The Supreme Court’s Renewed Interest in Life Sciences Patents Could Create Additional Hurdles Across the Field

Mayo V Prometheus: Another Guidepost on the Road to Determining Patentability in the Post-Industrial Age by Jane Plomley and...

Isolated Human Genes Still Patentable in the United States

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

Myriad Oral Arguments: Deja Vu?

What Do The IP Lawyers Have To Say In The Myriad Remand?

The Myriad And ACLU Supplemental Briefs On Remand To The Federal Circuit

The United States Files Its Amicus Brief In Myriad

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

My Myriad Nightmare

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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