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.
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The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Last week, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has been distributed for conference on November 30. In response to the Petition...more
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
Earlier today, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has now been distributed for conference on November 30. In response to the...more
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
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
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
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