Patent-Eligible Subject Matter, SCOTUS

Federal Circuit Issues Fractured Affirmance in CLS Bank v. Alice Corporation

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/13/2013

In a fractured en banc decision, the Federal Circuit affirmed the district court’s holding that the claims at issue in CLS Bank v. Alice Corporation are invalid under 35 USC § 101. The multiple opinions reveal the judge’s...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

Batting Practice with DNA Patents at the U.S. Supreme Court

by Heather Khassian, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D. | Bracewell & Giuliani LLP on 4/17/2013

The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in...more

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

by Marc Hearron, Matthew Kreeger, James J. Mullen, III | Morrison & Foerster LLP on 4/16/2013

Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in...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

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

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

by Joan Ellis, Chris Mitchell, H. Jonathan Redway | Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

IPO Files Amicus Brief in Support of Respondents in AMP v. Myriad Genetics

by Kevin E. Noonan, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/20/2013

In an amicus brief filed last week in support of respondents Myriad Genetics, Inc. et al., the Intellectual Property Owners Association (IPO) asked the Supreme Court to affirm the Federal Circuit's decision in Association for...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

AIPLA Submits Amicus Brief to Supreme Court in AMP v. Myriad Genetics

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 3/14/2013

There is a great cultural divide that has been illuminated by the Myriad case (AMP v. Myriad Genetics), between producers of technology and its consumers, governments and non-government organizations such as patient groups...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

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

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

Myriad Marches Towards the Supreme Court (Again)

by Foley & Lardner LLP on 9/27/2012

The Association for Molecular Pathology (represented by the ACLU) has filed a petition for certiorari to the Supreme Court, seeking review of the Federal Circuit’s August 16, 2012 decision that upheld the patent-eligibility...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

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

Myriad Oral Arguments: Deja Vu?

by Foley & Lardner LLP on 7/22/2012

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

Myriad Urges Dismissal of “Gene Patenting” Case

by Foley & Lardner LLP on 5/31/2012

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

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Patent-Eligible Subject Matter › SCOTUS

Federal Circuit Issues Fractured Affirmance in CLS Bank v. Alice Corporation

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

What We May Learn from the Myriad Oral Argument

Batting Practice with DNA Patents at the U.S. Supreme Court

After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules

Myriad Genetic Database Under Siege

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

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?

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

IPO Files Amicus Brief in Support of Respondents in AMP v. Myriad Genetics

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

AIPLA Submits Amicus Brief to Supreme Court in AMP v. Myriad Genetics

Myriad Sets Forth Its Case to the Supreme Court

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?

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

Myriad Marches Towards the Supreme Court (Again)

Plaintiffs (Again) File Certiorari Petition in Myriad Case

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

Myriad Oral Arguments: Deja Vu?

Myriad Urges Dismissal of “Gene Patenting” Case

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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