Patents, DNA | JD Supra Law News

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

Bernstein Shur Business and Commercial Litigation Newsletter #27

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 5/2/2013

We are pleased to present the 27th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight stories that will have an impact on business, commerce and litigation, including the...more

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

[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

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

"Human Genes" and Patents

by Antoinette F. Konski | Foley & Lardner LLP on 4/15/2013

At 10:00 A.M. on April 15th, the U.S. Supreme Court will entertain oral arguments in the dispute now known as the human “gene patenting” case. The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398...more

A Primer on Claim Construction -- Comments on Dr. Mason's Response

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 4/12/2013

Yesterday, we posted a response from Dr. Chris Mason of Cornell University to a recent Patent Docs post and an article posted by Dr. Chris Holman on Holman's Biotech IP Blog. Dr. Mason co-authored an article in the current...more

A Response to Dr. Mason's "Rebuttal" to Criticisms of His Genomics Medicine Article

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 4/12/2013

Much of the gene patenting debate has appeared, to experienced patent practitioners, to be akin to a conversation with Kevin Kline's character in A Fish Called Wanda, or perhaps a passage from P.G. Wodehouse's The Luck of the...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

Revisiting Genome Medicine Article on "Pervasive Sequence Patents" That "Cover the Entire Human Genome"

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 4/9/2013

Last week, we reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the...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

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

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes [Video]

by Lawline.com on 3/21/2013

We have all heard the popular adage, "the whole is greater than the sum of the parts." Can we ever say that the parts, when divided, are greater than their assembled whole? In relation to the issue of genetic patentability,...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

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

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

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

“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

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

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Patents › DNA

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

Bernstein Shur Business and Commercial Litigation Newsletter #27

Supreme Debate: Are Human Genes Patentable?

[Legal Perspective] Can Human Genes Be Patented?

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

"Human Genes" and Patents

A Primer on Claim Construction -- Comments on Dr. Mason's Response

A Response to Dr. Mason's "Rebuttal" to Criticisms of His Genomics Medicine Article

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

Revisiting Genome Medicine Article on "Pervasive Sequence Patents" That "Cover the Entire Human Genome"

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?

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

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes [Video]

Isolated Nucleic Acids Are Patentable – What Does The “Myriad” Decision In Australia Mean For Patent Applicants?

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

Top Stories of 2012: #4 to #7

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

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

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

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

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes [Video]

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