News & Analysis as of

DNA Genetic Materials Patents

McDonnell Boehnen Hulbert & Berghoff LLP

Amici Support Reversal of PTAB Decision in CRISPR Interference

Two amici have filed briefs in support of the appeal by Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") of the decision by the Patent Trial and...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Further Elucidation of Domestic Dog Ancestry

An international cadre of scientists* from almost 70 institutions worldwide recently reported their findings in the scientific journal Nature that the domesticated dog (Canis familiaris) arose from two populations of...more

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

CVC Files Reply to ToolGen Opposition to CVC Preliminary Motion No. 1

On May 20th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Substantive Preliminary Motion No. 1 in Interference No. 106,127 (which...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Opposition to Broad Preliminary Motion No. 1 to Change Interference Count

On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,126, where ToolGen is the Senior Party.  This...more

McDonnell Boehnen Hulbert & Berghoff LLP

Nautilus pompilius Genome Determined

Cephalopods are fascinating creatures, and their primary living representative -- the octopus -- has recently been the subject of the Academy Award winning documentary "My Octopus Teacher."  They are clearly intelligent (as...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Responsive Preliminary Motion No. 1 Contingent on Grant of ToolGen Substantive Preliminary Motion No. 2

On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 2 in Interference No. 106,127 to be...more

Haug Partners LLP

Federal Circuit Affirms Invalidity of Nanopore Sequencing Patents for Failing to Enable, and Affirms Denial of New Trial on the...

Haug Partners LLP on

On May 11, 2021, the Federal Circuit affirmed the District Court of Delaware’s judgment that patents belonging to Pacific Biosciences of California (“PacBio”) were invalid for lack of enablement under 35 U.S.C. § 112. A...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Motion in Opposition to Broad Priority Motion

In its turn, Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its motion in opposition to Senior Party The Broad Institute, Harvard...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Motion in Opposition to CVC Priority Motion

Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") filed its motion in opposition to Junior Party The University of California/Berkeley, the University...more

Kramer Levin Naftalis & Frankel LLP

Federal Circuit Holds Stanford’s Genetics Method Claims Abstract Under Section 101

On March 25, the Federal Circuit issued an opinion in In re Board of Trustees of the Leland Stanford Junior Univ., No. 2020-1288 (Fed. Cir. Mar. 25, 2021), affirming the Patent Trial and Appeal Board’s rejection of the...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

McDonnell Boehnen Hulbert & Berghoff LLP

DNA from Pleistocene Era Mammoth Lineages Elucidated

The wooly mammoth (Mammuthus primigenius) is an iconic animal, like the saber tooth tiger or dire wolf, from a time in human history when our position at the top of the global food chain was decidedly not assured (and being...more

McDonnell Boehnen Hulbert & Berghoff LLP

Broad Files Priority Motion in CRISPR Interference*

In the latest development 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 University of...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Discloses Priority Evidence and Earliest Conception Date in Interference

Almost three weeks ago, on October 31st, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its priority motion in Interference No. 106,115,...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

Kilpatrick

Federal Circuit Finds Method of Preparation Claims Patent Eligible

Kilpatrick on

On March 17, 2020, a divided Federal Circuit panel (“CAFC”) reversed a District Court decision and found that claims directed to a method of preparing a fraction of fetal cell-free DNA were patent eligible under 35 U.S.C. §...more

Weintraub Tobin

Federal Circuit: Sequenom’s Fetal DNA Claims Are Patent Eligible

Weintraub Tobin on

An unborn baby’s DNA (“fetal DNA”) can be used to determine the sex of the baby as well as to test for conditions such as Down’s syndrome. In the past, procedures to get samples of fetal DNA for testing involved sticking a...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

Foley & Lardner LLP

Federal Circuit Finds Eligibility In Non-Diagnostic Method

Foley & Lardner LLP on

In Illumina, Inc. v. Ariosa Diagnostics, Inc., a divided panel of the Federal Circuit found claims directed to methods of preparing DNA samples for analysis satisfy the patent eligibility requirement of 35 USC § 101. Although...more

Knobbe Martens

Federal Circuit Finds That a Variant Polypeptide Sequence Infringes Under the Doctrine of Equivalents

Knobbe Martens on

Ajinomoto Co., Inc. vs. CH Cheiljedang Corp. (2018-1590, 2018-1629) - In a pair of cross-appeals from the International Trade Commission, the Federal Circuit affirmed the Commission’s ruling that one of CJ CheilJedang...more

King & Spalding

Federal Circuit Continues Trend of Finding Diagnostic Inventions to Be Patent-Ineligible

King & Spalding on

On August 9, 2019, the Federal Circuit issued a public opinion in Genetic Veterinary Sciences, Inc. v. LABOKLIN GmbH & Co. KG, finding claims directed to methods for detecting a genetic marker for a canine hereditary disease...more

Foley & Lardner LLP

Federal Circuit Agrees Genotyping Method Is Not Eligible For Patenting

Foley & Lardner LLP on

In Genetic Veterinary Sciences, Inc. v. Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the...more

Downs Rachlin Martin PLLC

Current State of Patent Eligibility and Potential Reform

Will there be patent eligibility reform following the Senate Committee hearings? Major points of contention during the hearings were (1) the patentability of human genes, (2) whether proposed changes to 35 U.S.C. § 112(f)...more

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