News & Analysis as of September 20, 2024

Genetic Materials

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Federal Circuit Review - August 2020

Knobbe Martens on 9/30/2020

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

Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible

Knobbe Martens on 8/18/2020

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

Claims Using Naturally-Occurring Phenomenon in Method of Preparation Found Patent Eligible

Knobbe Martens on 3/30/2020

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

Australia Upholds Patent Eligibility of Isolated DNA

Foley & Lardner LLP on 9/9/2014

The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an...more

Dr. Cook-Deegan Brings the Medical Community Up to Date on the Myriad Case

McDonnell Boehnen Hulbert & Berghoff LLP on 4/1/2014

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

Sequenom Files Opening Brief in Appeal of Summary Judgment on Section 101 Grounds

McDonnell Boehnen Hulbert & Berghoff LLP on 1/31/2014

Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more

Sanofi-Aventis v. Pfizer Inc. (Fed. Cir. 2013)

McDonnell Boehnen Hulbert & Berghoff LLP on 11/15/2013

Last week, in Sanofi-Aventis v. Pfizer Inc., the Federal Circuit affirmed an award of priority to Pfizer by the Board of Patent Appeals and Interferences in an interference involving the cDNA for the human interleukin-13...more

Myriad Sues GeneDx on BRCA and Other Genetic Diagnostic Patents

McDonnell Boehnen Hulbert & Berghoff LLP on 10/22/2013

After a brief hiatus that saw Counsyl and Quest Diagnostics file declaratory judgment actions in alternate venues, Myriad has filed yet another lawsuit against a genetic diagnostics company that brought its own BRCA gene...more

Burden of Section 101 following Myriad

Fenwick & West LLP on 10/22/2013

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

Genes and Information: The Problem of Disease-specific Databases

McDonnell Boehnen Hulbert & Berghoff LLP on 10/16/2013

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

23andMe Patent Creates Controversy

McDonnell Boehnen Hulbert & Berghoff LLP on 10/9/2013

A patent issued to 23andMe, Inc. last month has created some controversy, and in response, the biotech company, based in Mountain View, California, has posted its side of the story on the 23andMe blog. The patent, U.S....more

Myriad Preliminary Injunction Hearing to Be Held September 11, 2013

Foley & Lardner LLP on 9/9/2013

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

Ambry Responds to Myriad Lawsuit

McDonnell Boehnen Hulbert & Berghoff LLP on 8/8/2013

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

Federal Circuit Review - Volume 3 | Issue 7 July 2013

Knobbe Martens on 8/2/2013

In This Issue: • Isolated DNA not Patent Eligible • Appeals Before Damages and Willfulness Determination OK • Reverse Payment Settlement Agreements May be Invalid - Excerpt from Isolated DNA not Patent...more

Yours, Mine and Ours (not yet!): An Update on the Patentability of Human Genes -

Lawline.com on 4/8/2013

We have all heard the popular adage: "the whole is greater than the sum of the parts." Can we ever say that the parts, when divided, are greater than their assembled whole? In relation to the issue of genetic patentability,...more

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