News & Analysis as of September 19, 2024

AMP v Myriad

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

BakerHostetler on 4/14/2016

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

Can Science be Copyrighted? You Might be Surprised…

Dorsey & Whitney LLP on 4/13/2016

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

Natera Responds to Sequenom's Petition for Rehearing En Banc

McDonnell Boehnen Hulbert & Berghoff LLP on 10/26/2015

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

Ariosa Diagnostics Responds to Sequenom's Petition for Rehearing En Banc

McDonnell Boehnen Hulbert & Berghoff LLP on 10/22/2015

On Monday, Appellee Ariosa Diagnostics, 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. In its response, Ariosa...more

PTO Releases Report on Confirmatory Genetic Diagnostic Testing

McDonnell Boehnen Hulbert & Berghoff LLP on 10/7/2015

More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more

Myriad Throws in the Towel

McDonnell Boehnen Hulbert & Berghoff LLP on 1/28/2015

In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of the Court's holding in its opinion) filed...more

Patent Protection for Isolated Genetic Sequences Upheld in Australia

Baker Donelson on 9/18/2014

Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more

USPTO to Apply Myriad Beyond Isolated DNA

Foley & Lardner LLP on 3/5/2014

Today, the United States Patent and Trademark Office (“USPTO”) issued a Guidance, advising examiners and the public of the factors for determining whether an invention satisfies the U.S. Supreme Court’s interpretation of 35...more

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/28/2014

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...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

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

BakerHostetler Patent Watch: Aria Diagnostics, Inc. v. Sequenom, Inc.

BakerHostetler on 8/12/2013

While the facts may show that damages would be reparable, this assumption is not sufficient [for purposes of a preliminary injunction analysis]....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

Gene patents and the future of commercialized technology

McAfee & Taft on 8/8/2013

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

The Real Impact for Healthcare and Biotechnology of the Supreme Court's Decision in Myriad Genetics

Bradley Arant Boult Cummings LLP on 7/19/2013

On June 13, 2013, the Supreme Court issued a decision supposedly resolving the patentability of DNA in Association for Molecular Pathology v. Myriad Genetics. Immediately, all parties on both sides of the case declared...more

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

Akerman LLP on 7/16/2013

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

Intellectual Property Newsletter - June 2013

King & Spalding on 7/10/2013

In This Issue: *News from the Bench - Unanimous Supreme Court Ruling on Gene Patentability: Natural DNA “No”/ cDNA “Yes” - CAFC Reverses Denial of Permanent Injunction Based on Perceived Future...more

After Myriad: A Herd of Elephants in the Room

McDonnell Boehnen Hulbert & Berghoff LLP on 7/5/2013

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

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

Cadwalader, Wickersham & Taft LLP on 7/3/2013

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

Supreme Court Rules on Validity of Patents for Genetic Information

King & Spalding on 6/29/2013

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

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

McDermott Will & Emery on 6/27/2013

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

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

McDonnell Boehnen Hulbert & Berghoff LLP on 6/20/2013

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

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

Ladas & Parry LLP on 6/20/2013

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

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

Dechert LLP on 6/19/2013

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

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