Quantcast

Posts Tagged: association of molecular pathology


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 the underlying claims patent eligible because what results is indistinguishable from what…

Continue Reading

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 As Justice Breyer recognized during questioning of Mr Hansen representing AMP the…

Continue Reading

Social policy concerns have influenced the AMP v Myriad debate The Supreme Court to the extent it must make a ruling for our times informed by societal context should dispassionately consider all the available empirical evidence from the academic…

Continue Reading

As the patent community waits to see whether the United States Supreme Court will deal a significant perhaps fatal blow to the patenting of many genetic related innovations in Association of Molecular Pathology v Myriad Genetics announcement came this…

Continue Reading

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 get a gene patent just because there was a significant amount of…

Continue Reading

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 genome are patentable in Association for Molecular Pathology AMP v Myriad Genetics…

Continue Reading

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 is absolutely the wrong one to answer The first question presented by…

Continue Reading

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 Plaintiffs argue here that they are preempted from using the patented DNA…

Continue Reading

So maybe the Federal Circuit won t find preemption to be useful in deciding this appeal we ll know soon enough I for one can t make sense of the DOJ s fixation on tying up In Flook the…

Continue Reading

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 in the same way that it ruled in It is probably safe…

Continue Reading

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 the majority Judge Bryson in dissent that the claimed isolated DNA sequences…

Continue Reading

Some will undoubtedly view the Chief Judge s basis in Ultramercial for distinguishing the ruling in CyberSource as being slight of hand and using mirrors but it certainly illustrates the wide gulf of views between the various members on…

Continue Reading