News & Analysis as of

Myriad › United States Patent and Trademark Office › Patent-Eligible Subject Matter

Myriad Genetics is a publicly-traded molecular diagnostic company headquartered in Salt Lake City, Utah. Myriad's business model centers around isolating particular genes and determining their role in the... more +
Myriad Genetics is a publicly-traded molecular diagnostic company headquartered in Salt Lake City, Utah. Myriad's business model centers around isolating particular genes and determining their role in the development and progression of disease. Myriad's patenting practices have elicited considerable controversy with many opponents charging that Myriad cannot rightfully patent human genes. Opponents argue that human genes are naturally occurring and not patent-eligible subject matter. Myriad counters that the practice of isolating genes is a process distinct from the genes themselves and thus, is patentable. The U.S. Supreme Court is currently considering the validity of Myriad's patents in AMP v. Myriad Genetics.    less -
McDonnell Boehnen Hulbert & Berghoff LLP

Sanofi-Aventis Deutschland GmbH v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2023)

McDonnell Boehnen Hulbert & Berghoff LLP on

In those (in retrospect) halcyon days more than a decade ago (before Mayo, Myriad, Alice, and the subject matter eligibility quagmire arose), perhaps the most significant Supreme Court decision was KSR Int'l Co. v. Teleflex...more

Fenwick & West LLP

Justice Barrett to Bring Clarity to Patent Eligibility Law?

Fenwick & West LLP on

Each time the U.S. Supreme Court has addressed patent eligibility, the law surrounding what can and cannot be patented has become murkier. Most recently, the wake of the Supreme Court’s Alice ruling has led to irreconcilable...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #16 to #20

McDonnell Boehnen Hulbert & Berghoff LLP on

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

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

News from Abroad: High Court Rules Myriad's BRCA Genes Not Patentable Subject Matter in Australia

McDonnell Boehnen Hulbert & Berghoff LLP on

Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court of Australia has...more

Foley & Lardner LLP

Australia High Court Rules Against Gene Patents

Foley & Lardner LLP on

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

Foley & Lardner LLP

Protecting Diagnostic Innovation – Two Actor Infringement Liability

Foley & Lardner LLP on

In Akamai Techs. Inc. v. Limelight Networks, Inc., (August 13, 2015 Fed. Cir.) an en banc Federal Circuit unanimously held that direct infringement under Section 271(a) can occur...more

Snell & Wilmer

Protecting food industry innovations as the scope of patentable subject matter narrows

Snell & Wilmer on

Strong intellectual property increases the value of a company. Copyrights, trademarks, patents, and trade secrets are some avenues to protect intellectual property, but understanding when they’re available and understanding...more

Foley & Lardner LLP

Can Any DNA Claims Still Be Patented?

Foley & Lardner LLP on

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit invalidated Myriad’s primer claims and detection method claims under 35 USC §...more

Foley & Lardner LLP

Five Things You Need to Know About the USPTO Interim Guidelines on 101

Foley & Lardner LLP on

The USPTO issued interim guidelines on 101 (“Interim Guidance”) on December 15, 2014. We summarized the Interim Guidance in this post, and now highlight five things practitioners and stakeholders need to know as they consider...more

Foley & Lardner LLP

An Early Test for the USPTO’S Eligibility Analysis

Foley & Lardner LLP on

Just last week, the USPTO released its revised subject matter eligibility guidance (2014 Interim Guidance on Patent Subject Matter Eligibility “Interim Guidance” reviewed in my prior post of December 16th, 2014). The Interim...more

Wilson Sonsini Goodrich & Rosati

USPTO Issues New Guidance with Fewer Limitations on the Subject Matter Eligibility of Patent Claims

Wilson Sonsini Goodrich & Rosati on

The U.S. Patent and Trademark Office (USPTO) today released its latest iteration of guidance—referred to as the "Interim Eligibility Guidance"—to its examiners. This guidance is aimed at assessing whether an invention claimed...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO to Release Revised Subject Matter Eligibility Guidance

McDonnell Boehnen Hulbert & Berghoff LLP on

In a conference call this morning, Drew Hirshfeld, U.S. Patent and Trademark Office Deputy Commissioner for Patent Examination Policy, announced that the USPTO would be releasing revised guidance on subject matter eligibility...more

Foley & Lardner LLP

Will the USPTO Respond to Public Feedback of Its Eligibility Guidance?

Foley & Lardner LLP on

Periodically, the USPTO holds open meetings with the public to discuss its thinking on current topics relating to the patent procurement process. Late last week, the Biotechnology, Chemical and Pharmaceutical Customer...more

Foley & Lardner LLP

Airing the USPTO's Naturally Occurring Dirty Laundry — the Subject Matter Eligibility Stain

Foley & Lardner LLP on

It has been five months since the USPTO issued its Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products to aid examiners in applying the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Examination of Myriad-Mayo Guidance Comments -- International Bioindustry Associations

McDonnell Boehnen Hulbert & Berghoff LLP on

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

McDonnell Boehnen Hulbert & Berghoff LLP

Examination of Myriad-Mayo Guidance Comments -- ACLU

McDonnell Boehnen Hulbert & Berghoff LLP on

On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

Foley & Lardner LLP

The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

Foley & Lardner LLP on

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more

Foley & Lardner LLP

Why Are Method of Treatment Claims and Method of Manufacture Claims Subject to Scrutiny Under the USPTO Patent Subject Matter...

Foley & Lardner LLP on

The USPTO has asked for written comments on its patent subject matter eligibility guidance by July 31, 2014. In this article, I discuss why therapeutic method claims and method of manufacture claims should not be subject to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Docs @ BIO: The Rest of the Story - Bloomberg BNA Hosts Panel on Subject Matter Eligibility

McDonnell Boehnen Hulbert & Berghoff LLP on

Last month at the BIO convention, Randy Kubetin, Managing Editor of Bloomberg BNA's Life Sciences Law & Industry Report moderated a panel entitled "Patent Eligibility from the Trenches: Practical Implications of the Supreme...more

Neal, Gerber & Eisenberg LLP

USPTO Issues Guidance on Patentability of “Nature”-Related Patent Claims

Neal, Gerber & Eisenberg LLP on

The U.S. Supreme Court has recently taken a keen interest in whether certain subject matter is eligible to be patented under U.S. law1. In June 2013, the Supreme Court held in Myriad2 that patents on naturally-occurring DNA...more

McDonnell Boehnen Hulbert & Berghoff LLP

Docs @ BIO: USPTO Provides Update on Myriad-Mayo Guidance

McDonnell Boehnen Hulbert & Berghoff LLP on

At last week's BIO International Convention in San Diego, Andrew Hirshfeld, USPTO Deputy Commissioner for Patent Examination Policy, and June Cohan, a Legal Advisor with the USPTO's Office of Patent Legal Administration, took...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Extends Deadline for Providing Feedback on Myriad-Mayo Guidance

McDonnell Boehnen Hulbert & Berghoff LLP on

As we reported earlier this week, the period for submitting written comments to the U.S. Patent and Trademark Office regarding the Office's Myriad-Mayo guidance memorandum has been extended to July 31, 2014. The Office...more

Foley & Lardner LLP

Federal Circuit Dismisses WARF Stem Cell Case – A Missed Opportunity

Foley & Lardner LLP on

Recently in Consumer Watchdog v. Wisconsin Alumni Research Foundation, No. 2013-1377 (Fed. Cir. 2014), the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) dismissed Appellant Consumer Watchdog’s appeal on the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post: Myriad -- An Obvious and Patent-Friendly Interpretation

McDonnell Boehnen Hulbert & Berghoff LLP on

MyriadIs Myriad truly authority for the proposition that naturally occurring nucleic acid sequences and a host of other naturally occurring materials are no longer patent-eligible? Was it really the intention of the Supreme...more

51 Results
 / 
View per page
Page: of 3
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide