News & Analysis as of

AMP v Myriad Human Genes Patent-Eligible Subject Matter

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

Fenwick & West LLP

Burden of Section 101 following Myriad

Fenwick & West LLP on

The Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics Inc., 2013 DJDAR 7484 (2013), held that Myriad’s claims directed to “a naturally occurring DNA segment is a product of nature and not...more

McDonnell Boehnen Hulbert & Berghoff LLP

Genes and Information: The Problem of Disease-specific Databases

One of the many untruthful positions taken by the ACLU in the AMP v. Myriad Genetics case was that DNA is merely information, like a computer program, and as such Myriad's patent claims were invalid as reciting...more

McDonnell Boehnen Hulbert & Berghoff LLP

Defendants' Response to Myriad's Preliminary Injunction Motions - Myriad Genetics v. Ambry Genetics Corp. and Myriad Genetics v....

Last month, Ambry Genetics and Gene By Gene responded to Myriad's motion for preliminary injunction in a 109 page brief that sets out its invalidity case as well as the basis for its antitrust counterclaims. Supported by...more

Foley & Lardner LLP

Myriad Preliminary Injunction Hearing to Be Held September 11, 2013

Foley & Lardner LLP on

The hearing on Myriad’s motion for a preliminary injunction against Ambry Genetics is scheduled for September 11, 2013, before Judge Robert A. Shelby at the U.S. District Court for the Central District of Utah....more

McDonnell Boehnen Hulbert & Berghoff LLP

Ambry Responds to Myriad Lawsuit

Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment - On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more

McAfee & Taft

Gene patents and the future of commercialized technology

McAfee & Taft on

Medicine is evolving from a global, one-size-fits-all approach to a more individualized approach that tailors treatment specifically for each patient. Originally published in The Journal Record - August 8, 2013....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

McDonnell Boehnen Hulbert & Berghoff LLP

After Myriad: A Herd of Elephants in the Room

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

Cadwalader, Wickersham & Taft LLP

Supreme Court Rules that a Naturally Occurring DNA Segment Is Not Patent Eligible, But cDNA May Be Patent Eligible

After years of uncertainty about the patent eligibility of DNA under §101, the Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. _____ (2013), has held that "a naturally occurring DNA segment...more

King & Spalding

Supreme Court Rules on Validity of Patents for Genetic Information

King & Spalding on

On June 13, the U.S. Supreme Court handed down a ruling in Association for Molecular Pathology et. al. v. Myriad Genetics, the outcome of which was considered crucial in the development of genetic research....more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

McDonnell Boehnen Hulbert & Berghoff LLP

Does the Myriad Decision Presage a Golden Age of Patent-Free Personalized Medicine?

The Supreme Court's decision in the Myriad case has been almost universally hailed as being a great victory for patients, doctors, personalized medicine, and research. Precluding patenting for "merely" isolated human DNA,...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

Dechert LLP

Myriad's Possible Impact on Patent Eligibility of Isolated Non-DNA Chemical Substances

Dechert LLP on

Over a century ago, in the famous Parke-Davis adrenaline patent infringement case, Judge Learned Hand articulated what many consider the origin of the legal premise that isolated components or purified extracts of natural...more

Wilson Sonsini Goodrich & Rosati

Myriad: A Tempest in the Biotechnology Industry Teapot?

The U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (June 13, 2013), decided that "isolated" genomic DNA is a product of nature and not patent eligible merely because it has been...more

McDonnell Boehnen Hulbert & Berghoff LLP

U.S. Supreme Court Rules Human Genes Cannot Be Patented While Approving Patentability of Synthetic Genes in Issuing Key Myriad...

The Supreme Court ruled unanimously June 13, 2013 in favor of Plaintiffs/Petitioners in Association of Molecular Pathologists v. Myriad Genetics on the question of whether isolated DNA is patent eligible. The opinion found a...more

Foley Hoag LLP

So Now What? Implications of the Supreme Court’s Myriad Ruling

Foley Hoag LLP on

Late last week, the United States Supreme Court issued its long-awaited decision in Association of Molecular Pathology v. Myriad Genetics, Inc. The Court held unanimously that full-length wild-type DNA molecules are not...more

Farella Braun + Martel LLP

US Supreme Court Holds cDNA Patent Eligible, but Isolated DNA Not

On June 13, the United States Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The case concerned whether claims drawn to isolated DNA and cDNA were...more

Cozen O'Connor

Supreme Court’s Myriad Decision on Patenting Isolated DNA

Cozen O'Connor on

The Supreme Court of the United States has now ruled on the patent eligibility of isolated DNA. On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., the Court unanimously held that a “naturally...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Patent Eligibility Considerations Following the Supreme Court’s Myriad Ruling"

On June 13, 2013, the Supreme Court issued its long-awaited decision in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., U.S., No. 12–398 (Myriad). In a unanimous opinion, the Court held that a naturally occurring DNA...more

Foley & Lardner LLP

Isolated DNA Is Not Patent-Eligible

Foley & Lardner LLP on

On June 13, 2013, the U.S. Supreme Court in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., __ U.S. __ (2013), held that genes and DNA fragments merely isolated from nature without alteration are not patent-eligible....more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court's Myriad Decision: Where Does It Leave the "Inventive Concept" Test?

Perhaps one of the most intriguing issues coming out of the Supreme Court's Myriad decision is whether it leaves any room for the "inventive concept" test raised by earlier Supreme Court decisions, including Mayo v....more

Perkins Coie

Supreme Court Rules That Isolated Genes Are Unpatentable Products Of Nature

Perkins Coie on

On June 13, 2013, the Supreme Court issued its highly anticipated decision in Association for Molecular Pathology v. Myriad Genetics, Inc....more

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