In a unanimous decision, the Supreme Court ruled against Myriad Genetics saying that the company cannot patent natural DNA. Association for Molecular Pathology et al., v. Myriad Genetics, Inc., et al. (SCt 12-398_8njq; No. 12–398, June 13, 2013). The District Court concluded that Myriad’s claims were invalid because they covered products of nature. The Federal Circuit […]
The question of to what extent genes are patentable will be argued before the Supreme Court on April 15. The Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics may finally settle a long-standing controversy. This whole brouhaha has to do with U.S. Patent Nos. 5,747,282; 5,837,492; 5,693,473; 5,709,999; 5,710,001; 5,753,441; 6,033,857. The composition claims […]
In a 2-1 decision, the Federal Circuit upheld that companies can patent genes but decided that they cannot patent methods to compare the gene sequences. The Federal Circuit handed down a decision on the Myriad Genetics appeal from the decision of the US District Court holding that a gaggle of medical organizations, researchers, genetic counselors, […]
The Intellectual Property Owners Association (IPO) an amicus curiae brief in the AMP v. USPTO and Myriad Genetics case, a lawsuit challenging patents covering diagnostic tests for mutations in genes. In the district court, the University of Utah and Myriad Genetics lost in a U.S. court ruling over patents for detecting inherited breast cancer related […]
In a lawsuit challenging patents covering diagnostic tests for mutations in genes, the University of Utah and Myriad Genetics lost a U.S. court ruling over some of its patents for detecting inherited breast cancer related to the human genes known as Breast Cancer Susceptibility Genes 1 and 2, or “BRCA1” and “BRCA2.” The 152-page decision […]
Earlier, the American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole gaggle of others filed a lawsuit challenging patents covering diagnostic tests for mutations in genes. Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. On March 29, 2010, the University of Utah and Myriad […]
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Editor-in-Chief Barista Stephen Jenei is a patent attorney and Owner of Jenei LLC. When not serving up patent chat over a steaming cup of java, he's handling a diverse intellectual property practice in the biotechnology, pharmaceutical and chemical fields. More info @ Jenei LLC
