Myriad › Patent-Eligible Subject Matter

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 25, 2013

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

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

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

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

The Patentability of Isolated DNA Will be Decided by the Supreme Court

by Robert W. Esmond, Ph.D., Eric K. Steffe | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 12/4/2012

On November 30, 2012, the U.S. Supreme Court agreed to review the Federal Circuit decision in Association for Molecular Pathology v. Myriad Genetics, holding that isolated human genes are patent-eligible under 35 U.S.C. §...more

Myriad Finally Gets Its Day in (the Supreme) Court

by James J. Mullen, III, Mary Prendergast | Morrison & Foerster LLP on 12/3/2012

INTRODUCTION - The Supreme Court today granted certiorari in Assoc. for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. (Myriad), to address the issue of whether human genes are patentable. This...more

Supreme Court Grants Cert in AMP v. Myriad

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 12/3/2012

In a decision that should surprise no one, the U.S. Supreme Court granted certiorari today in Association for Molecular Pathology v. Myriad Genetics, Inc. The grant was limited to the first question presented, whether human...more

Myriad Files Responsive Brief Opposing Certiorari

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 11/30/2012

On Halloween, Myriad Genetics filed its brief in opposition to plaintiffs' petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc. (plaintiffs nominally being the Association for Molecular...more

Myriad Responds: ACLU Asks the Wrong Question

by Antoinette F. Konski | Foley & Lardner LLP on 11/15/2012

On October 31, 2012, Myriad Genetics, Inc. et al. (“Respondent” or “Myriad”) filed its brief in opposition to Petitioners’ (The Association for Molecular Pathology et al., represented by the American Civil Liberties Union or...more

Plaintiffs (Again) File Certiorari Petition in Myriad Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 9/26/2012

Once again, it should come as no surprise that the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PubPat) filed a petition for certiorari with the Supreme Court yesterday. This time, three questions...more

Myriad Genetics Notches Another Legal Victory

by Konstantin Linnik, JD, PhD on 9/6/2012

Sept 6, 2012, Cancer Discover--Myriad Genetics of Salt Lake City, UT, can check off another legal victory on its BRCA1 and BRCA2 patent claims. On August 16, 2012, the U.S. Court of Appeals for the Federal Circuit in...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

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Myriad › Patent-Eligible Subject Matter

Supreme Debate: Are Human Genes Patentable?

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

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

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?

Top Three Stories of 2012

The Patentability of Isolated DNA Will be Decided by the Supreme Court

Myriad Finally Gets Its Day in (the Supreme) Court

Supreme Court Grants Cert in AMP v. Myriad

Myriad Files Responsive Brief Opposing Certiorari

Myriad Responds: ACLU Asks the Wrong Question

Plaintiffs (Again) File Certiorari Petition in Myriad Case

Myriad Genetics Notches Another Legal Victory

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

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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