News & Analysis as of September 19, 2024

AMP v Myriad

+ Follow

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

BakerHostetler on 4/14/2016

Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the U.S. Supreme Court, asking the...more

Can Science be Copyrighted? You Might be Surprised…

Dorsey & Whitney LLP on 4/13/2016

Biotechnology. For many, the mere mention of the word stirs up a thought of people in white lab coats working in underground bunkers trying to create superhuman mutant weapons, with beakers of green goo bubbling in the...more

Natera Responds to Sequenom's Petition for Rehearing En Banc

McDonnell Boehnen Hulbert & Berghoff LLP on 10/26/2015

Last week, Appellee Natera, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August (see "Sequenom Requests Rehearing En...more

Ariosa Diagnostics Responds to Sequenom's Petition for Rehearing En Banc

McDonnell Boehnen Hulbert & Berghoff LLP on 10/22/2015

On Monday, Appellee Ariosa Diagnostics, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August. In its response, Ariosa...more

Federal Circuit Invalidates Diagnostic Method Claims for Prenatal Test Under 35 U.S.C. 101

Mintz on 6/25/2015

On June 12, 2015, the Federal Circuit affirmed the finding of U.S. District Court for the Northern District of California (“District Court”) that the method claims in U.S. Patent 6,258,540 (‘540 patent) for detecting...more

The Patent Office Clarifies the Ban on Patenting Naturally-Derived Drugs and Other Products

Bradley Arant Boult Cummings LLP on 12/24/2014

Since the very beginning of America’s revolutionary patent system, inventors in the life sciences have been granted patents for discovering and purifying natural products. It was taken as a given that a purified natural...more

More Biotech and Diagnostic Patents At Risk After Federal Circuit Decision

Troutman Pepper on 12/19/2014

On December 17, 2014, the Federal Circuit Court of Appeals found that certain claims relating to Myriad’s BRCA1 genetic test for breast and ovarian cancer were invalid under 35 U.S.C. § 101 as being ineligible for patent...more

Patent Protection for Isolated Genetic Sequences Upheld in Australia

Baker Donelson on 9/18/2014

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more

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

McDonnell Boehnen Hulbert & Berghoff LLP on 9/8/2014

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

Dr. Cook-Deegan Brings the Medical Community Up to Date on the Myriad Case

McDonnell Boehnen Hulbert & Berghoff LLP on 4/1/2014

In an article in The Cancer Letter entitled "Robert Cook-Deegan's Viewers' Guide To the Super Bowl of Gene Patent Cases," Professor Robert Cook-Deegan (at right) of the Institute for Genome Sciences & Policy and Sanford...more

Burden of Section 101 following Myriad

Fenwick & West LLP on 10/22/2013

The Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics Inc., 2013 DJDAR 7484 (2013), held that Myriad’s claims directed to “a naturally occurring DNA segment is a product of nature and not...more

Genes and Information: The Problem of Disease-specific Databases

McDonnell Boehnen Hulbert & Berghoff LLP on 10/16/2013

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

Myriad Preliminary Injunction Hearing to Be Held September 11, 2013

Foley & Lardner LLP on 9/9/2013

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

Aria Diagnostics, Inc. v. Sequenom, Inc. (Fed. Cir. 2013)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/15/2013

The Federal Circuit vacated and remanded a District Court decision denying a preliminary injunction to patentee Sequenom over the claims of U.S. Patent No. 6,258,540. While the Court rendered its decision based on...more

Federal Circuit Remands Sequenom Down Syndrome Test Platform Patent for Consideration Under Myriad

Foley & Lardner LLP on 8/13/2013

In Aria Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit vacated and remanded the district court’s decision denying Sequenom’s motion for a preliminary injunction relating to a patent covering the non-invasive...more

BakerHostetler Patent Watch: Aria Diagnostics, Inc. v. Sequenom, Inc.

BakerHostetler on 8/12/2013

While the facts may show that damages would be reparable, this assumption is not sufficient [for purposes of a preliminary injunction analysis]....more

Ambry Responds to Myriad Lawsuit

McDonnell Boehnen Hulbert & Berghoff LLP on 8/8/2013

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

Gene patents and the future of commercialized technology

McAfee & Taft on 8/8/2013

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

Consumer Watchdog Argues That WARF Stem Cell Patent Is Invalid under § 101

McDonnell Boehnen Hulbert & Berghoff LLP on 8/2/2013

Last month, Consumer Watchdog filed its opening brief in an appeal of a Board decision affirming the patentability of U.S. Patent No. 7,029,913, arguing that the claims of the '913 patent are invalid because they cover...more

The Real Impact for Healthcare and Biotechnology of the Supreme Court's Decision in Myriad Genetics

Bradley Arant Boult Cummings LLP on 7/19/2013

On June 13, 2013, the Supreme Court issued a decision supposedly resolving the patentability of DNA in Association for Molecular Pathology v. Myriad Genetics. Immediately, all parties on both sides of the case declared...more

Myriad’s Trade Secret Trump Card: The Myriad Database of Genetic Variants

Foley & Lardner LLP on 7/18/2013

One of the most interesting arguments that Myriad made in its Motion for Preliminary Injunctive Relief in its infringement action against Ambry Genetics Corporation relates to the database of genetic information that Myriad...more

Post-Myriad Strategies for Claiming Biotech Inventions in the United States

Akerman LLP on 7/16/2013

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No....more

The Future Of Patentable DNA: A Myriad Of Possibilities

Polsinelli on 7/9/2013

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins ...more

After Myriad: A Herd of Elephants in the Room

McDonnell Boehnen Hulbert & Berghoff LLP on 7/5/2013

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

62 Results

View per page

Page: of 3

Patent-Eligible Subject Matter › DNA › AMP v Myriad

"My best business intelligence, in one easy email…"