Posts Tagged: aclu
Other Barks & Bites, Friday, October 11: IPWatchdog Celebrates, USPTO Meets Pendency Goals, SCOTUS Denies IP Cases and ACLU Opposes CASE Act
This past week in Other Barks & Bites: the Federal Circuit issued precedential decisions affirming the invalidation of patent claims covering osteoarthritis treatments and a costs award to …
U.S. Companies and Groups to Congress: the Section 101 Reform Draft is Good and Genes are Safe
Seventy-two companies and organizations, ranging from Tivo to Bristol-Myers Squibb and from the American Conservative Union to the Alliance of U.S. Startups & Inventors for Jobs (USIJ)— …
Sherry Knowles Responds to ACLU’s Urgent Phone Briefing and Letter Opposing Reform to Section 101
This morning, the American Civil Liberties Union (ACLU), which will be represented in Wednesday’s hearing on Section 101 reform by Senior Legislative Counsel Kate Ruane, announced an …
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 …
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. …
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 …
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”) …
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: "…
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 …
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 …
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 …
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 …
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 …
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 …
