Myriad

Myriad Genetics is a publicly-traded molecular diagnostic company headquartered in Salt Lake City, Utah. Myriad's business model centers around isolating particular genes and determining their role in the development and progression of disease. Myriad's patenting practices have elicited considerable controversy with many opponents charging that Myriad cannot rightfully patent human genes. Opponents argue that human genes are naturally occurring and not patent-eligible subject matter. Myriad counters that the practice of isolating genes is a process distinct from the genes themselves and thus, is patentable. The U.S. Supreme Court is currently considering the validity of Myriad's patents in AMP v. Myriad Genetics.

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News & Analysis as of May 18, 2013

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

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

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

A Perspective on the Cost of the Myriad BRCA Gene Test

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/3/2013

One of the most compelling arguments in the gene patenting debate with the public has been the cost of the Myriad BRCA gene test: $3,000 per test, a price that many without insurance coverage cannot afford. The argument...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

Supreme Debate: Are Human Genes Patentable?

by Therese Finan | Venable LLP on 5/1/2013

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

[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

Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case [Video]

by LXBN on 4/23/2013

The necessary balance between incentivizing and rewarding innovation with making those innovations widely available—and not stifling advancements by keeping competitors down—has been at the heart of patent law for some time....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

Myriad Genetic Database Under Siege

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/15/2013

With the U.S. Supreme Court set to consider the patent-eligibility of claims to isolated human DNA in AMP v. Myriad Genetics this morning, another aspect of Myriad’s control over BRCA testing technology is being contested. ...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

Genome Medicine Article Calls for Limits on Patenting of Existing Nucleotide Sequences

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 4/3/2013

In an article published in the current issue of Genome Medicine, Jeffrey Rosenfeld of the University of Medicine & Dentistry of New Jersey and Christopher Mason of Cornell University contend that due to the non-specificity of...more

Briefing the Supreme Court in Myriad

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 3/29/2013

March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...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

Myriad’s Impact on Nanotechnology? Nanotechnology’s Impact on Myriad??

by J. Steven Rutt | Foley & Lardner LLP on 3/18/2013

On April 15, 2013, the Supreme Court will hear oral arguments in the Myriad Genetics v. Association for Molecular Pathology litigation. The patent world is watching, particularly those who focus on emerging technologies. On...more

Myriad Sets Forth Its Case to the Supreme Court

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/12/2013

Myriad Genetics filed its responsive brief with the Supreme Court last Thursday in AMP v. Myriad Genetics ("the Myriad case"). It is a certainly a serviceable brief that makes the patent law arguments that need to be made...more

Isolated Nucleic Acids Are Patentable – What Does The “Myriad” Decision In Australia Mean For Patent Applicants?

by Karen Bentley, Adam Denley | Freehills Patent Attorneys on 2/21/2013

In a landmark decision regarding the patentability of genetic material, the Federal Court of Australia has held that any nucleic acid found in cells, whether it be DNA or RNA, that has been removed from the cellular...more

Australian Federal Court Upholds Myriad’s Gene Patent

by James J. Mullen, III, Mary Prendergast | Morrison & Foerster LLP on 2/19/2013

While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld Myriad Genetics’ patent on methods for screening for cancer-predisposing...more

Myriad Posts Gene Patenting Victory in Australia

by Antoinette F. Konski | Foley & Lardner LLP on 2/19/2013

In a companion case to the “gene patenting” dispute presently before the U.S. Supreme Court, Myriad Genetics, Inc. successfully defended the patent-eligibility of “gene patents” in Australia. In Cancer Voices et al. v. Myriad...more

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

by McDonnell Boehnen Hulbert & Berghoff LLP on 2/18/2013

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

Isolated Nucleic Acids Are Patentable – Landmark “Myriad” Decision In Australia

by Karen Bentley, Adam Denley | Freehills Patent Attorneys on 2/15/2013

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

Skadden's 2013 Insights: Global Litigation

by Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2013

New legal ground is expected to be broken this year in areas of importance to companies and their directors, officers and executives. We see those developments coming from around the globe and defining the litigation...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

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Myriad

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

A Perspective on the Cost of the Myriad BRCA Gene Test

Bernstein Shur Business and Commercial Litigation Newsletter #27

Supreme Debate: Are Human Genes Patentable?

[Legal Perspective] Can Human Genes Be Patented?

Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case [Video]

What We May Learn from the Myriad Oral Argument

Myriad Genetic Database Under Siege

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

Genome Medicine Article Calls for Limits on Patenting of Existing Nucleotide Sequences

Briefing the Supreme Court in Myriad

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?

Myriad’s Impact on Nanotechnology? Nanotechnology’s Impact on Myriad??

Myriad Sets Forth Its Case to the Supreme Court

Isolated Nucleic Acids Are Patentable – What Does The “Myriad” Decision In Australia Mean For Patent Applicants?

Australian Federal Court Upholds Myriad’s Gene Patent

Myriad Posts Gene Patenting Victory in Australia

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

Isolated Nucleic Acids Are Patentable – Landmark “Myriad” Decision In Australia

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?

Skadden's 2013 Insights: Global Litigation

Top Three Stories of 2012

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

Are Human Genes Patentable? Supreme Court Hears Oral Arguments in Myriad Case [Video]

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

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