Posts Tagged: AMP v. Myriad


Athena v. Mayo: A Splintered Federal Circuit Invites Supreme Court or Congress to Step Up On 101 Chaos

On July 3, the Court of Appeals for the Federal Circuit denied en banc rehearing in Athena Diagnostics v. Mayo Collaborative Services. The 86-page order from the Federal …
By IPWatchdog
5 months ago 3

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)— …
By Eileen McDermott
6 months ago 3

Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform

Last week, all eyes were on the first two days of historic Senate Judiciary IP Subcommittee Hearings, led by Senator Thom Tillis (R-NC), Chair of the Subcommittee, …
By Gene Quinn
6 months ago 18

Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions

The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context …
By Karen Carroll & Sharad Bijanki
9 months ago 1

Congress Initially Rebuffs SCOTUS Dominance of Patent Law, But Not for Long

The chaos created by this forum shopping was exacerbated by differing views of what in these rulings by SCOTUS was holding, and what was simply dicta.  Together …
By Eric Guttag
1 year ago 10

Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress

In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
By Steve Brachmann
2 years ago 3

Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …
By Amanda G. Ciccatelli
2 years ago 23

The Supreme Court should follow their own Halo advice in §101 patent eligibility decisions

Essentially, the Supreme Court told the Federal Circuit that they needed remedial reading lessons. The statute is clear: “may” means district courts have discretion. The Supreme Court …
By Gene Quinn
3 years ago 16

What the passing of Justice Antonin Scalia means for SCOTUS patent jurisprudence

While Justice Scalia served on the Supreme Court for nearly three decades, his contributions to the area of intellectual property law were quite limited. Scalia did famously …
By Gene Quinn
4 years ago 17

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 …
By Gene Quinn
5 years ago 79

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
5 years ago 4

SCOTUS: Public Enemy Number One for Patent Owners

The consequences of SCOTUS decisions are really severe. The U.S. is no longer a favorable jurisdiction for many biotech patents, medical devices and software. What that’…
By Gene Quinn
5 years ago 37

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
5 years 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 …
By David Kappos
6 years ago 3

Dolly the Cloned Sheep Not Patentable in the U.S.

Earlier today the United States Court of Appeals for the Federal Circuit ruled that Dolly the cloned sheep, and any other genetic clones, are patent ineligible in …
By Gene Quinn
6 years ago 31