Patents, Biotechnology | JD Supra Law News

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

by Robert Isackson | Orrick, Herrington & Sutcliffe LLP on 5/15/2013

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

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

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

by William Warren, David Wigley, Ph.D. | Sutherland Asbill & Brennan LLP on 5/15/2013

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more

Rubin v. General Hospital Corp. (Fed. Cir. 2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/8/2013

On March 28, the Federal Circuit in Rubin v. General Hospital Corp. affirmed judgment by the District Court for the District of Massachusetts dismissing the suit brought by Drs. Berish Rubin and Sylvia Anderson against The...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

Court Report -- April 22, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 4/22/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. - Depomed, Inc. v. Endo Pharmaceuticals Inc. 3:13-cv-02467; filed April 17, 2013 in the District Court of New Jersey:...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

News from Abroad: UK Court of Appeal Upholds Invalidity of Enantiomer Patent

by McDonnell Boehnen Hulbert & Berghoff LLP on 4/1/2013

Originally published in WP Thompson & Co. on April 1, 2013. The "Obvious to Try" Test Is Overused in Assessing Obviousness - The UK Court of Appeal Decision in Novartis AG vs Generics (UK) Ltd (trading as United...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

Sharing an Umbrella

by MoFo Tech on 3/26/2013

Big Pharma and academia cement big deals in the quest for bigger prizes - With the patents of many highly profitable blockbuster drugs expiring over the course of a few years, the search is on for new drugs to fill...more

GEN Compiles List of Top Biopharma R&D Spenders

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/21/2013

Earlier this month, Genetic Engineering & Biotechnology News published its list of the top 20 best-selling prescription drugs worldwide for 2012 (see "GEN Compiles List of Top Selling Drugs for 2012"). The biotech...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Federal Courts Debate Safe...

by Patrick Gattari, Nicole Grimm | McDonnell Boehnen Hulbert & Berghoff LLP on 2/19/2013

Patent protection is a critical driver of value for the biotech industry. One of the unique aspects of biotech patents, however, is that many otherwise infringing activities are exempt from claims of patent infringement when...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1

by Alison Baldwin, Justin Cook, Patrick Gattari, Nicole Grimm, Christian Hines, Jordan Pringle, Kurt W. Rohde | McDonnell Boehnen Hulbert & Berghoff LLP on 2/19/2013

In This Issue: Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more

Court Report -- February 16, 2013

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

In This Issue: Enzo Life Sciences Inc. v. Abbott Laboratories et al. and Sucampo AG et al. v. Anchen Pharmaceuticals Inc. et al....more

News from Abroad: Federal Court of Australia Affirms Patentability of Isolated Nucleic Acids

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

On Friday, the Federal Court of Australia handed down its decision in the case of Cancer Voices Australia & Anor v Myriad Genetics Inc & Ors. The presiding judge, Justice Nicholas, identified the issue in the case as one "of...more

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/1/2013

The "conventional wisdom" surrounding the Bowman v. Monsanto case now before the Supreme Court on certiorari is that it is "David v. Goliath," the salt-of-the-earth farmer versus the corporate monolith, and an example of the...more

BayhDol25 Files Amicus Brief in Bowman v. Monsanto

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 1/31/2013

"Happy families are all alike; every unhappy family is unhappy in its own way." - Leo Tolstoy, Anna Karenina A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman...more

Court Report -- January 20, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 1/21/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cadence Pharmaceuticals, Inc. et al. v. Fresenius Kabi USA, LLC - 3:13-cv-00139; filed January 17, 2013 in the...more

China Life Sciences - January 2013

by Gabriel Bloch, Peng Chen, Gordon Milner, Kun Wang | Morrison & Foerster LLP on 1/17/2013

In This Issue: Investor Q&A; Key Regulatory Issues for Strategic Life Sciences Partnerships in China; Compulsory Patent Licensing in China; and New Developments on the “Patentable Subject Matter” Requirement of U.S....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

Supreme Court to Consider Whether (Isolated) Human Genes are Patentable

by Lars H. Genieser, Ph.D., Fabian M. Koenigbauer | Venable LLP on 12/19/2012

On November 30, 2012, the U.S. Supreme Court agreed to decide a case presenting the seemingly simple, but legally complex, question, “Are human genes patentable?” After Bilski v. Kappos, 130 S. Ct. 3218 (2010) and Mayo...more

Court Report - December 16, 2012

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 12/17/2012

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Astellas US LLC et al. v. Fresenius Kabi USA LLC - 1:12-cv-01699; filed December 12, 2012 in the District Court of...more

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Patents › Biotechnology

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

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

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

Rubin v. General Hospital Corp. (Fed. Cir. 2013)

[Legal Perspective] Can Human Genes Be Patented?

Court Report -- April 22, 2013

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

News from Abroad: UK Court of Appeal Upholds Invalidity of Enantiomer Patent

Briefing the Supreme Court in Myriad

Supreme Court To Hear Oral Arguments in Landmark Patent Case

Sharing an Umbrella

GEN Compiles List of Top Biopharma R&D Spenders

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1: Federal Courts Debate Safe...

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1

Court Report -- February 16, 2013

News from Abroad: Federal Court of Australia Affirms Patentability of Isolated Nucleic Acids

It Ain't Necessarily So Down on the Farm: Not All Farmers Agree with Farmer Bowman in Bowman v. Monsanto

BayhDol25 Files Amicus Brief in Bowman v. Monsanto

Court Report -- January 20, 2013

China Life Sciences - January 2013

Top Stories of 2012: #4 to #7

Top Stories of 2012: #12 to #15

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

Supreme Court to Consider Whether (Isolated) Human Genes are Patentable

Court Report - December 16, 2012

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

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