Posts Tagged: isolated dna

A Patent Eligibility in Crisis: A Conversation with Bob Stoll

The Supreme Court is simply not knowledgeable about patent law. And that’s not to say that the Justices couldn’t become knowledgeable, but even in this …
By Gene Quinn
2 years ago 4

Australia Court Says Isolated DNA Patent Eligible, Slams SCOTUS

On the very same day that the U.S. jobs report shows unexpectedly weak growth, the Federal Court of Australia issued a ruling directly opposite to the …
By Gene Quinn
2 years ago 30

Why SCOTUS Myriad Ruling Overrules Chakrabarty

The Supreme Court quite directly contradicts the reasoning of Chakrabarty in Myriad. Thomas explains that it is a fact that isolated DNA is nonnaturally occurring, but still …
By Gene Quinn
3 years ago 30

DNA patenting: There’s still hope (maybe)

The baffling aspect of the opinion is that the Court seems to agree that both the DNA of claim 1 and the DNA of claim 2 are man-made and …
By Ryan Chirnomas
3 years ago 11

USPTO Instructs Examiners to Reject

USPTO to Examiners: "As of today, naturally occurring nucleic acids are not patent eligible merely because they have been isolated. Examiners should now reject product claims drawn …
By Gene Quinn
3 years ago 11

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 …
By Gene Quinn
3 years ago 161

Forward Looking Personalized Medicine, Patent Law and Science

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 …
By Lori Pressman
4 years ago 1

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 …

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”) …
By Eric Guttag
4 years ago 17

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 …
By Ryan Chirnomas
4 years ago 8

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 …
By Eric Guttag
5 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 …
By Mary Beth Tung
5 years ago 95

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 …
By Gene Quinn
6 years ago 8

BIO and AUTM Defend Patentability of DNA-Based Inventions

Like it or not, the patent system is a great motivator, and used appropriately to incentivize the type of behavior we want to encourage it is a …
By Gene Quinn
6 years ago 11

Department of Justice Seeks to Cripple Biotech Industry and Fundamentally Change Patent Laws

On Friday, October 29, 2010, practically on the eve of a national election that will in all certainty be an enormous rebuke of the Obama Administration and the Democrats' …
By Gene Quinn
6 years ago 58