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Supreme Court of the United States › Human Genes › Biotechnology

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
BakerHostetler

Australian High Court Rules Gene Patents Unpatentable

BakerHostetler on

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

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2013

McDonnell Boehnen Hulbert & Berghoff LLP on

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

McDonnell Boehnen Hulbert & Berghoff LLP

After Myriad: A Herd of Elephants in the Room

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Ladas & Parry LLP

Myriad: Comparing US Law with European, Japanese and Australian Law

Ladas & Parry LLP on

The decision by the U.S. Supreme Court that isolated DNA having the same sequence as naturally-occurring DNA is not patentable subject matter is inconsistent with the position of the European Patent Office and Japanese law....more

Ballard Spahr LLP

Supreme Court Rules on Patentability of Human Genes

Ballard Spahr LLP on

Today the U.S. Supreme Court answered the question "Are human genes patentable?" The Court, in Association of Molecular Pathology et al. v. Myriad Genetics, Inc. et al., ruled that isolated DNA is a product of nature and not...more

BakerHostetler

Patent Watch: Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

BakerHostetler on

A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring....more

Foley & Lardner LLP

Supreme Court Holds Isolated Naturally Occurring DNA Cannot Be Patented, Sustains Patent-Eligibility of cDNA

Foley & Lardner LLP on

On June 13, 2013, the U.S. Supreme Court issued its long-awaited decision in the “ACLU/Myriad” gene patenting case (formally, Association For Molecular Pathology. et al. v. Myriad Genetics, Inc., et al., Supreme Court No....more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Issues Decision in AMP v. Myriad -- Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)

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In a much anticipated decision, the Supreme Court issued its opinion this morning in Association for Molecular Pathology v. Myriad Genetics, Inc. In an opinion by Justice Thomas, joined by Chief Justice Roberts, Justices...more

Mintz - Trademark & Copyright Viewpoints

U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable

Mintz - Trademark & Copyright Viewpoints on

Summary - On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences...more

Orrick, Herrington & Sutcliffe LLP

Myriad: The Court Has Spoken — Isolated DNA Is NOT Patent-Eligible Subject Matter

Orrick, Herrington & Sutcliffe LLP on

Yesterday, the U.S. Supreme Court issued its anxiously awaited decision in Association for Molecular Pathology et al. v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013). The Court addressed whether an isolated...more

JD Supra Perspectives

SCOTUS: Human Genes Cannot Be Patented. Is This the End or Beginning of Genetic Research?

JD Supra Perspectives on

For a Legal Perspective on today's much-anticipated U.S. Supreme Court "Myriad" decision that naturally occuring substances are not patentable, we turned to IP attorneys writing on JD Supra...more

Foley & Lardner LLP

Will the Supreme Court Limit Nanotech Patents?

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In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the...more

JD Supra Perspectives

[Legal Perspective] Can Human Genes Be Patented?

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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

Baker Donelson

Supreme Court To Hear Oral Arguments in Landmark Patent Case

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Is It Time for Myriad to Concede in AMP v. Myriad for the Good of the Biotechnology Industry?

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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

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