News & Analysis as of

Mayo v. Prometheus Human Genes

Fox Rothschild LLP

Illumina v. Ariosa: Carving Out A New “Bucket” Of Section 101 Patent Eligible Claims

Fox Rothschild LLP on

Case Summary- On March 17, 2020, the Federal Circuit found that patents claiming methods of preparing an extracellular fraction of cell-free DNA that is enriched in fetal DNA were patent eligible and not invalid under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sequenom Files Opening Brief in Appeal of Summary Judgment on Section 101 Grounds

Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Defendants' Response to Myriad's Preliminary Injunction Motions - Myriad Genetics v. Ambry Genetics Corp. and Myriad Genetics v....

Last month, Ambry Genetics and Gene By Gene responded to Myriad's motion for preliminary injunction in a 109 page brief that sets out its invalidity case as well as the basis for its antitrust counterclaims. Supported by...more

McAfee & Taft

Gene patents and the future of commercialized technology

McAfee & Taft on

Medicine is evolving from a global, one-size-fits-all approach to a more individualized approach that tailors treatment specifically for each patient. Originally published in The Journal Record - August 8, 2013....more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court's Myriad Decision: Where Does It Leave the "Inventive Concept" Test?

Perhaps one of the most intriguing issues coming out of the Supreme Court's Myriad decision is whether it leaves any room for the "inventive concept" test raised by earlier Supreme Court decisions, including Mayo v....more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Profile: Mayo Foundation Receives Patent for Methods of Selecting Medications

In March, the U.S. Patent and Trademark Office issued U.S. Patent No. 8,401,801, entitled "Methods for Selecting Medications." The '801 patent, which is assigned to the Mayo Foundation for Medical Education and Research,...more

Lawline.com

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

Lawline.com on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2012

Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Foley & Lardner LLP

Myriad Oral Arguments: Deja Vu?

Foley & Lardner LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Foley & Lardner LLP

The United States Files Its Amicus Brief In Myriad

Foley & Lardner LLP on

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

Foley & Lardner LLP

Myriad Urges Dismissal of “Gene Patenting” Case

Foley & Lardner LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Foley & Lardner LLP

Supreme Court Sends Myriad Back to the Federal Circuit

Foley & Lardner LLP on

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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