News & Analysis as of September 21, 2024

Patents

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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 Limits Foreign Reach of the U.S. Patent Act

Proskauer - New England IP Blog on 2/24/2017

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

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

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

JD Supra Perspectives on 10/19/2015

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

Australian High Court Rules Gene Patents Unpatentable

BakerHostetler on 10/14/2015

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

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

Strong Support for Sequenom’s Petition for Rehearing En Banc

Patterson Belknap Webb & Tyler LLP on 9/10/2015

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

Fetal DNA Test Cannot Give Birth to a Patent - Ariosa Diagnostics, Inc., et al. v. Sequenom Inc., et al.

McDermott Will & Emery on 8/4/2015

Addressing the issue of patent eligibility of a pre-natal testing invention, the U.S. Court of Appeals for the Federal Circuit unanimously affirmed the district court’s judgement of invalidity under 35 U.S.C. § 101 with...more

Federal Circuit Holds Medical Diagnostic Method Patent Invalid as Claiming Ineligible Subject Matter

Goodwin on 6/25/2015

Background - In two recent cases, Mayo v. Prometheus and Alice v. CLS Bank, the Supreme Court established a two-part test for determining eligibility for patenting. In step one, the court asks whether the claim is...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

Can Any DNA Claims Still Be Patented?

Foley & Lardner LLP on 1/22/2015

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

Guest Post: Myriad -- A Direct and Unexceptional Approach

McDonnell Boehnen Hulbert & Berghoff LLP on 10/13/2014

Is there a chain of reasoning that leads to the outcome in Myriad more shortly and directly than that outlined by Justice Thomas and without invoking judicial exceptions? It is strongly arguable that this is indeed the case...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

Myriad - One Year Later

Troutman Pepper on 6/23/2014

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

Federal Circuit Dismisses WARF Stem Cell Case – A Missed Opportunity

Foley & Lardner LLP on 6/16/2014

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

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

"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

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