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Patents Human Genes

Spilman Thomas & Battle, PLLC

What was Fascinating in 2021 for Biotech

2021 was a fascinating year in biotech, especially for legal issues. Of course, 2021, as the second year of a global pandemic, must be viewed in context with 2020....more

McDonnell Boehnen Hulbert & Berghoff LLP

Neanderthal Ancestors Can Be Human Guardian Angels for COVID Infection, Too

When it comes to SARS-CoV-2 infection (and resulting COVID-19), it seems our Neanderthal ancestors giveth and taketh away.  Genetic material inherited from interbreeding between Neanderthals and early humans has been shown to...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[IP Hot Topics Podcast] Innovation Conversations: Dr. Claire Fraser

Our “Innovation Conversations” series continues with our guest Dr. Claire Fraser, President of the American Association for the Advancement of Science (AAAS) and Director of the Institute for Genome Sciences at the University...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

[IP Hot Topics Podcast] Innovation Conversations: Dr. Claire Fraser (transcript)

Our “Innovation Conversations” series continues with our guest Dr. Claire Fraser, President of the American Association for the Advancement of Science (AAAS) and Director of the Institute for Genome Sciences at the University...more

McDonnell Boehnen Hulbert & Berghoff LLP

Appendiceal Cancer Shows Age-related Somatic Gene Variants with Potential Diagnostic Relevance

Cancer of the appendix is a very rare form of cancer, having an incidence of 0.12 per 1,000,000 person-years (Siegel et al., 2020, Cancer statistics 2020 70:7-30).  Incidence is rising (by 232% from 2000-2016 in the U.S.)...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Institute Loses Appeal in European Patent Office, Patents Remain Revoked

Earlier this year, and almost one year to the day (January 17, 2019) that the Opposition Division (OD) of the European Patent Office revoked in its entirety European Patent No. EP 2771468, the Technical Board of Appeal...more

Knobbe Martens

Federal Circuit Review - August 2020

Knobbe Martens on

Claims Covering Human Engineering That Exploit a Naturally-Occurring Phenomenon Are Patent Eligible - In Illumina, Inc. V. Ariosa Diagnostics, Inc., Appeal No. 19-1419, the Federal Circuit modified its earlier decision...more

Knobbe Martens

Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible

Knobbe Martens on

ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier decision and clarified the difference...more

Fox Rothschild LLP

Illumina v. Ariosa: Carving Out A New “Bucket” Of Section 101 Patent Eligible Claims

Fox Rothschild LLP on

Case Summary- On March 17, 2020, the Federal Circuit found that patents claiming methods of preparing an extracellular fraction of cell-free DNA that is enriched in fetal DNA were patent eligible and not invalid under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Alternative APOE Gene Variants Associated with Different Diseases of Aging

The inherent, ineluctable unpredictability of biology can be the basis for biological patent claims being non-obvious (lacking the requisite "reasonable expectation of success"; see, e.g., OSI Pharmaceuticals v. Apotex) and...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Reply No. 2 to Broad's Opposition No. 2 to CVC's Motion No. 2 to Be Accorded Benefit of Priority

March 23rd was the deadline for the parties in Interference No. 106,115 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") and Junior Party the...more

Knobbe Martens

Claims Using Naturally-Occurring Phenomenon in Method of Preparation Found Patent Eligible

Knobbe Martens on

ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Appeal from the Northern District of California. Summary: Use of a natural phenomenon in a method of preparation claim found patent eligible...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Upholds Patents Drawn to Methods of Separating Fetal Cell-Free DNA from Maternal Cell-Free DNA

The Federal Circuit, in Illumina, Inc., v. Ariosia, reversed the summary judgment decision of a lower trial court and upheld—as patent subject matter eligible—claims in two patents (U.S. 9,580,751; U.S. 9,738,931). The...more

McDonnell Boehnen Hulbert & Berghoff LLP

BRCA2 Gene Mutations Associated with Risk of Childhood Lymphoma

The BRCA2 gene is one member of a pair of genes that changed the patent landscape several years ago, when the Supreme Court ruled that "mere" isolation was insufficient to render genomic embodiments thereof patent eligible,...more

WilmerHale

Federal Circuit Patent Updates - September 2018

WilmerHale on

Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...more

Knobbe Martens

The Law and Human Cloning

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Until the cloning of Dolly the sheep in 1996 by scientists at the Roslin Institute, the idea of cloning a mammal, let alone a human being, was an idea relegated to science fiction. Dolly was created using a technique known as...more

Knobbe Martens

Intellectual Property Impacts of In Vitro Gametogenesis

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In vitro gametogenesis (IVG) is a recent development in reproductive technology, and has been used for creating mouse embryos in vitro. IVG includes obtaining cells from a donor (such as skin cells), and differentiating the...more

Blake, Cassels & Graydon LLP

Patenting in Canada: Do These Genes Fit?

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

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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

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

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

Utah Judge Denies Myriad's Preliminary Injunction Motion

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

McDermott Will & Emery

Computer-Aided Method Determined Ineligible Under Section 101 - SmartGene, Inc. v. Advanced Biological Lab.

The U.S. Court of Appeals for the Federal Circuit, in a decision providing a glimpse into a panel’s post-Alice position with regard to patent-eligibility of computer-implemented inventions (under 35 U.S.C. § 101), determined...more

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