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Proskauer - New England IP Blog

Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling this...more

Patterson Belknap Webb & Tyler LLP

Biotech Industry Supports Cert in Sequenom to Avert “Crisis of Patent Law and Medical Innovation”

The biotechnology and life sciences community has voiced broad support for Sequenom’s recent request that the Supreme Court review the Federal Circuit’s decision holding Sequenom’s diagnostic fetal DNA patent ineligible under...more

BakerHostetler

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

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Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the U.S. Supreme Court, asking the...more

Dorsey & Whitney LLP

Can Science be Copyrighted? You Might be Surprised…

Dorsey & Whitney LLP on

Biotechnology. For many, the mere mention of the word stirs up a thought of people in white lab coats working in underground bunkers trying to create superhuman mutant weapons, with beakers of green goo bubbling in the...more

Foley & Lardner LLP

Another Diagnostic Patent Falls Under 101

Foley & Lardner LLP on

In Genetic Techs Ltd v Merial LLC (Fed. Cir., April 8, 2016), the Federal Circuit invalidated yet another diagnostic patent for failing to satisfy 35 U.S.C. § 101 on the ground that the claims recite nothing more than a law...more

Foley & Lardner LLP

Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility

Foley & Lardner LLP on

Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that use “junk DNA” to detect genetic variations lack patent eligibility under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Natera Responds to Sequenom's Petition for Rehearing En Banc

Last week, Appellee Natera, Inc. filed its response to the petition for rehearing en banc filed by Appellants Sequenom, Inc. and Sequenom Center for Molecular Medicine, LLC in August (see "Sequenom Requests Rehearing En...more

JD Supra Perspectives

Can we patent products found in nature? It's complicated. An update on Australia's Myriad decision...

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It remains to be seen if this new Myriad decision in Australia will be extended as it was in the U.S. to prevent virtually any product found in nature from being patented....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

Patterson Belknap Webb & Tyler LLP

Strong Support for Sequenom’s Petition for Rehearing En Banc

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

Troutman Pepper

Myriad - One Year Later

Troutman Pepper on

The Supreme Court decision last year on June 13, 2013 in Association of Molecular Pathology v. Myriad Genetics may have been a watershed moment for the biotechnology industry. So far the effects have been hard to detect, but...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2013

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

Akerman LLP

Post-Myriad Strategies for Claiming Biotech Inventions in the United States

Akerman LLP on

The United States Supreme Court recently ruled that genes or other naturally-occurring pieces of DNA are patent ineligible subject matter in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. No....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

Ladas & Parry LLP

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

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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)

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

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

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?

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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

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?

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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