Patent Law Weblog
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- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
- REGENEXBIO Inc. v. Sarepta Therapeutics, Inc. (Fed. Cir. 2026)
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
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Category: Federal Circuit
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By Andrew Williams — On Monday, the Federal Circuit issued an Order in the Novo Nordisk A/S v. Caraco Pharm. Labs. Ltd. case, modifying an injunction against Novo issued by the lower court from one dictating express language to amend its Orange Book use code to one that required Novo to amend the use code. …
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By Kevin E. Noonan — The Federal Circuit heard oral argument in Association for Molecular Pathology v. U.S. Patent and Trademark Office (the Myriad case) on Friday, and the cast of characters remained mostly the same. On the panel were Judge Lourie, Judge Bryson, and Judge Moore. Representing Myriad was Gregory Castanias from Jones Day,…
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By Kevin E. Noonan — Appellant Myriad Genetics (the real "target" in interest of the ACLU/PubPat lawsuit over isolated human DNA molecules) filed its Supplemental Brief pursuant to Federal Circuit order in the remand of AMP v. USPTO. Not surprisingly, the brief urges the Court to reaffirm its judgment that claims to isolated DNA molecules…
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By Andrew Williams — On April 30th, the Federal Circuit issued an Order in the Association for Molecular Pathology v. U.S. Patent and Trademark Office case vacating its July 29, 2011 opinion and reinstating the appeal. That Order was based on the Supreme Court's decision vacating the Federal Circuit's prior judgment and remanding the case…
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By Andrew Williams — In addition to the various associations, academics, and interest groups that filed "supplemental" amici curiae briefs in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("the Myriad case"), two briefs were filed by companies that would be directly negatively impacted if either "the isolated DNA claims [or the] method claim…
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By Donald Zuhn — Seven organizations of health care professionals argue in an amici brief filed in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") that Myriad's isolated DNA and cDNA claims, as well as claim 20 of U.S. Patent No. 5,747,282, are all invalid under 35 U.S.C. § 101. The organizations,…
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By Kevin E. Noonan — The Biotechnology Industry Organization (BIO), joined by the Association of University Technology Managers (AUTM) and the Coalition for 21st Century Medicine filed an amicus brief in support of Myriad (unlike many other amici on both sides of the issue, who wrote ostensibly "in support of neither party"). Authored by a…
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By Kevin E. Noonan — Darwin, Mendel, Watson and Crick — a good case can be made that these four men make up the basis of modern biology as a science (as opposed to natural history). As such, their contributions to human understanding, of ourselves and the natural world around us, will be remembered for…
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By Kevin E. Noonan — Dr. Christopher Holman, Associate Professor of Law at the University of Missouri-Kansas City, filed an amicus curiae brief in AMP v. USPTO (the Myriad case) that addresses some of the factual and scientific inaccuracies that have been rampant in commentary and advocacy of this case at both the District Court…
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By Donald Zuhn — In its amicus brief filed in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad"), the United States focuses solely on applicability of the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. on the patent eligibility of isolated genomic DNA. The U.S. brief takes no position…
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