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Myriad › Patents › Human Genes

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... more +
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.    less -
Blake, Cassels & Graydon LLP

Patenting in Canada: Do These Genes Fit?

Blake, Cassels & Graydon LLP on

The Supreme Court of Canada has commented on the issue but no Canadian court has directly answered the difficult question of whether genes are patentable. So the answer appears to be yes, for now. Identifying genetic...more

JD Supra Perspectives

Does a Nucleic Acid Constitute Patent Eligible Subject Matter Under Australian Law?

JD Supra Perspectives on

Clearly the High Court has given an answer to a question, but was that question the one we anticipated? That in itself is an open question!...more

BakerHostetler

Australian High Court Rules Gene Patents Unpatentable

BakerHostetler on

Like the United States Supreme Court, the High Court of Australia has determined that Myriad’s patents directed to purified and isolated DNA molecules encoding the BRCA genes are unpatentable. Indeed, the Australian Court...more

Foley & Lardner LLP

Australia Upholds Patent Eligibility of Isolated DNA

Foley & Lardner LLP on

The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Myriad Patent Upheld by Full Federal Court of Australia

McDonnell Boehnen Hulbert & Berghoff LLP on

The Full Federal Court of Australia has handed down its long awaited decision in D'Arcy v Myriad Genetics Inc today, affirming that isolated DNA and RNA are patentable subject matter under Australian law....more

McDonnell Boehnen Hulbert & Berghoff LLP

Utah Judge Denies Myriad's Preliminary Injunction Motion

McDonnell Boehnen Hulbert & Berghoff LLP on

In a 106-page opinion, U.S. District Court Judge Robert J. Shelby on Monday denied Myriad Genetics motion for preliminary injunction in Myriad Genetics v. Ambry Genetics. Characteristic of its aggressive defense of its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Gene-by-Gene Cries Uncle, Settles with Myriad Genetics

McDonnell Boehnen Hulbert & Berghoff LLP on

Gene-by-Gene, Inc. was one of the first direct-to-consumer (DTC) genetic diagnostics companies to announce that it would offer BRCA1/BRCA2 testing after the Supreme Court's decision last June that certain of Myriad Genetics'...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

Skadden, Arps, Slate, Meagher & Flom LLP on

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2013: #7 to #10

McDonnell Boehnen Hulbert & Berghoff LLP on

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

McDonnell Boehnen Hulbert & Berghoff LLP

Where Do We Stand?

McDonnell Boehnen Hulbert & Berghoff LLP on

Some of our commenters have asked (with greater or lesser degrees of stridency) that we "take a position" on claims like the Myriad method claims at issue in the lawsuits brought against Ambry Genetics, Gene-by-Gene, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Myriad Genetics Sues Quest for Patent Infringement

McDonnell Boehnen Hulbert & Berghoff LLP on

Turnabout being fair play, Myriad Genetics today filed suit against Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute for patent infringement in an action brought in the Federal District Court for the District...more

McDonnell Boehnen Hulbert & Berghoff LLP

Myriad Sues GeneDx on BRCA and Other Genetic Diagnostic Patents

McDonnell Boehnen Hulbert & Berghoff LLP on

After a brief hiatus that saw Counsyl and Quest Diagnostics file declaratory judgment actions in alternate venues, Myriad has filed yet another lawsuit against a genetic diagnostics company that brought its own BRCA gene...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genes and Information: The Problem of Disease-specific Databases

McDonnell Boehnen Hulbert & Berghoff LLP on

One of the many untruthful positions taken by the ACLU in the AMP v. Myriad Genetics case was that DNA is merely information, like a computer program, and as such Myriad's patent claims were invalid as reciting...more

McDonnell Boehnen Hulbert & Berghoff LLP

Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics

McDonnell Boehnen Hulbert & Berghoff LLP on

Myriad is facing yet another challenge to its remaining BRCA gene testing franchise, this time from Quest Diagnostics joined by its R&D arm, Nichols Institute. Quest is "the world's leading provider of diagnostic information...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bay Area Genetic Diagnostics Company Files Declaratory Judgment Action against Myriad Genetics

McDonnell Boehnen Hulbert & Berghoff LLP on

Whether relying on Carl von Clausewitz or Jack Dempsey for the sentiment, Counsyl, Inc., a genetic diagnostic testing company has decided that the best defense against Myriad Genetics is a good offense and, accordingly, has...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Foley & Lardner LLP

Myriad Preliminary Injunction Hearing to Be Held September 11, 2013

Foley & Lardner LLP on

The hearing on Myriad’s motion for a preliminary injunction against Ambry Genetics is scheduled for September 11, 2013, before Judge Robert A. Shelby at the U.S. District Court for the Central District of Utah....more

McDonnell Boehnen Hulbert & Berghoff LLP

Ambry Responds to Myriad Lawsuit

McDonnell Boehnen Hulbert & Berghoff LLP on

Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment - On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more

McDonnell Boehnen Hulbert & Berghoff LLP

Why Does Myriad Think It Can Win BRCA Gene Lawsuits?

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier this month, Myriad Genetics filed patent infringement lawsuits against Ambry Genetics (on July 9th) and Gene-by-Gene (on July 10th). Filed with the complaint in the Ambry lawsuit was a Motion for Preliminary...more

McDonnell Boehnen Hulbert & Berghoff LLP

Myriad Genetics Files Infringement Suit Against Gene by Gene for Genetic Diagnostic Testing of BRCA Genes Hidden Field

McDonnell Boehnen Hulbert & Berghoff LLP on

A day after Myriad Genetics sued Ambry Genetics for patent infringement, the company filed suit in the District of Utah, Central Divisions against Gene by Gene Ltd. (Case No. 2:13-cv-00643-EJF; complaint). The complaint is...more

McDonnell Boehnen Hulbert & Berghoff LLP

After Myriad: A Herd of Elephants in the Room

McDonnell Boehnen Hulbert & Berghoff LLP on

As we all know by now, the Supreme Court last month decided that isolated genes are not eligible for patenting. Although seemingly drawing a clear-cut distinction between DNA molecules having the same sequence as that which...more

Cadwalader, Wickersham & Taft LLP

Supreme Court Rules that a Naturally Occurring DNA Segment Is Not Patent Eligible, But cDNA May Be Patent Eligible

Cadwalader, Wickersham & Taft LLP on

After years of uncertainty about the patent eligibility of DNA under §101, the Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. _____ (2013), has held that "a naturally occurring DNA segment...more

King & Spalding

Supreme Court Rules on Validity of Patents for Genetic Information

King & Spalding on

On June 13, the U.S. Supreme Court handed down a ruling in Association for Molecular Pathology et. al. v. Myriad Genetics, the outcome of which was considered crucial in the development of genetic research....more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

McDonnell Boehnen Hulbert & Berghoff LLP

Does the Myriad Decision Presage a Golden Age of Patent-Free Personalized Medicine?

McDonnell Boehnen Hulbert & Berghoff LLP on

The Supreme Court's decision in the Myriad case has been almost universally hailed as being a great victory for patients, doctors, personalized medicine, and research. Precluding patenting for "merely" isolated human DNA,...more

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