By Kevin E. Noonan —
Myriad Genetics, for itself as well as the named
defendant Directors of the University of Utah Research Foundation, filed a Notice of Appeal today in Association for Molecular Pathology v. U.S. Patent and Trademark Office. As a
consequence, the decision by Judge Robert Sweet holding that patents to human
genes were not statutory subject matter as being the "physical embodiment
of genetic information" will be reviewed by the Federal Circuit, and
perhaps ultimately, the U.S. Supreme Court.
The Federal Circuit has not yet set a briefing schedule,
which Patent Docs will post when it
becomes available. It can be
expected that the Court will be the beneficiaries of several amicus briefs. It will be interesting to see if amici include universities, whose patent portfolios will be the
most harmed by affirmance of the gene patenting ban promulgated by Judge
Sweet.
For
additional information regarding this and other related topics, please see:• "AMP v. USPTO: What Everyone Else Is Saying – Part II," June 8, 2010
• "AMP
v. USPTO: What Everyone Else Is Saying," April 6, 2010
• "'60
Minutes' and 'Newshour' Take Different Apporaches to Covering Gene
Patenting Story," April 5, 2010
• "AMP
v. USPTO: What the Parties Are Saying About the Decision,"
April 1, 2010
• "Caught
in a Time Warp: The (In)validity of BRCA1 Oligonucleotide Claims,"
March 30, 2010
• "Round
One
Goes to the ACLU," March 29, 2010
•
"Debating
Gene Patents – Round Four," February 10, 2010
• "Newsweek
= Newspeak on Gene Patenting," February 8, 2010
• "Everybody
Knows — The Boston Globe Weighs in on Gene Patenting,"
February 1, 2010
• "The
USPTO Asks out of Gene Patenting Case (Again)," January 19, 2010
•
"Top
Stories of 2009: #4 to #1," January 4, 2010
•
"Gene
Patenting: Australian Potpourri," December 28, 2009
•
"Science
Progress Article Examines Impact of Gene Patents on Research,"
December 21, 2009
•
"Gene
Patenting Debate Continues – Round Three," December 17, 2009
•
"BRCA
Patent Suit to Continue in Southern District of New York,"
November 2, 2009
•
"Empirical
Research Fails to Support Gene Patenting Ban," October 22,
2009
•
"The
Tragedy of a Bad Idea," August 25, 2009
•
"Gene
Patenting Debate Continues – Round Two," August 4, 2009
•
"The
Unwanted Consequences of Banning Gene Patenting," June 16, 2009
•
"Falsehoods,
Distortions and Outright Lies in the Gene Patenting Debate,"
June 15, 2009
•
"Gene
Patenting Debate Continues," June 9, 2009
•
"Association
for Molecular Pathology v. U.S. Patent and Trademark Office,"
May 17, 2009
•
"Court
Report: Special Edition," May 13, 2009
Patent Docs 
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