Posts Tagged: aclu


Supremes Rule Isolated DNA and Some cDNA Patent Ineligible

You can expect a near complete cessation in many areas of personalized medicine. If creating something in a lab, such as a composite cDNA, does not make …
2 years ago 161

Supreme Court Hears Myriad Gene Patent Challenge

If cDNA is patent eligible subject matter, as it seems likely based on the tone of the oral argument, that should be very good news for Myriad. …
2 years ago 25

Patent Pending: Corporations, the Constitution, and the Human Gene

The Honorable Alex Kozinski immediately posed the question—by way of an analogy to scientists who stare at the stars—of why should someone be able to …
3 years ago 3

No One is Patenting Your Genes: The Ripple Effect if Isolated DNA Claims Are Made Patent Ineligible

One side in the “gene patent war” has nevertheless convinced the Supreme Court to weigh in on the issue of whether DNA sequences derived from the human …
3 years ago 44

AMP v. Myriad: SCOTUS Must Remember What Case Is Not About*

As Myriad has correctly pointed out in its brief in opposition to the grant of certiorari, the question posed by the ACLU/PubPat (“Are Human Genes Patentable”) …
3 years ago 17

AMP v. USPTO Remand: Déjà Vu as Federal Circuit Majority Reaffirms Myriad’s Isolated DNA Sequences Are Patent-Eligible*

The other point that also bears repeating (and quoting) from the majority opinion in the AMP remand is Judge Lourie’s response to the so-called “preemption” question: "…
3 years ago 11

Federal Circuit Panel Rehears ACLU, Myriad Gene Patent Case

Although predictions on the outcome of an unusual case such as this are probably worthless, I think that it is most likely that this panel will rule …
3 years ago 8

Debunking the Gene Patent Mythology: Professor Holman’s Supplemental Brief in the AMP Remand*

Professor Holman not only teaches patent law at UMKC, but has a Ph.D. in biochemistry and molecular biology, as well as well as some post-doctoral drug …
3 years ago 66

Chakrabarty Controls on Isolated DNA Sequences, not Mayo*

Unfortunately this unspecific remand by the Supreme Court in AMP vacates as well the two-to-one ruling by this same Federal Circuit panel (Judges Lourie and Moore in …
3 years ago 14

Myriad: Isolated DNA claims from “ball bats in trees,” and “kidneys” to “magic microscopes.”

The basic argument in Myriad is whether DNA that is isolated from the chromosomes is statutory subject matter, or whether it is a product of nature. The …
4 years ago 95

As Predicted, Federal Circuit Rules Isolated DNA Patentable

After much anticipation, the United States Court of Appeals for the Federal Circuit earlier today issued a decision in Association for Molecular Pathology v. Myriad Genetics. The …
4 years ago 8

Reviewing the ACLU and Myriad Oral Arguments at the CAFC

The ACLU lead plaintiffs have a real predicament relative to standing. It does not sound as if the Federal Circuit believed any single plaintiff could satisfy both …
4 years ago 8