Posts Tagged: myriad genetics


Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
3 months ago 79

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 …
12 months ago 30

An Agency Responds: USPTO’s Challenge to Create Post-Myriad Examination Guidelines that Translate Supreme Court Decision into Day-to-Day Action

Written by David J. Kappos, former Director of the USPTO: "The language of the Myriad decision did not on its face mandate drastic, innovation-dampening action. The Supreme …
1 year ago 3

USPTO to Host Forum to Solicit Feedback on Guidance for Determining Subject Matter Eligibility of Claims Involving Laws of Nature, Natural Phenomena, and Natural Products

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will host a public forum on May 9, 2014 at the USPTO headquarters in Alexandria, …
1 year ago 1

Patent Erosion 2013: What Would the Founding Fathers Think?

As the end of 2013 approaches and I look back on what has transpired I am saddened to see that through the year patent rights have continued to …
2 years ago 26

Pharma & Biotech News for September 2013

Mark Lemley's Firm Files DJ Against Myriad in Northern California ----- Promise Not to Infringe Insufficient in ANDA Litigation ----- Licensing Deals Stall in Pharmaceutical Sector in …
2 years ago 0

High Noon for Bayh-Dole

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) asked NIH in a July 12 letter to force compulsory licensing of Myriad’s BRCA breast and ovarian cancer genetic test …
2 years ago 3

AMP v. Myriad: Getting Beyond the Hype and Hyperbole*

By holding that Myriad’s claimed cDNA was patent-eligible, Thomas’ opinion reaffirms the major holding in Diamond v. Chakrabarty that claimed subject matter which truly only the “…
2 years ago 11

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 …
2 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 …
2 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 …
2 years ago 161

A Patient-Centric Look At Gene Patents

One of the central policy issues injected into the current case of AMP v. Myriad Genetics is whether the BRCA patents are good for innovation and ultimately …
2 years ago 16