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Category: Federal Circuit
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By Kevin E. Noonan — The Myriad case (AMP v. USPTO) came to the Federal Circuit on Monday for oral argument, and after months of briefing and public comment the parties did not deviate from their well-established positions (with the possible exception of Solicitor General Neal Katyal, whose argument for the government has become even…
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By Kevin E. Noonan — On Monday, the Federal Circuit hears oral argument in Association of Molecular Pathology v. U.S. Patent and Trademark Office (aka the Myriad case). In addition to the parties (Appellant Myriad Genetics and Appellees represented by the American Civil Liberties Union and the Public Patent Foundation), the Court has granted leave…
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By Donald Zuhn — On Friday, in Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc., the Federal Circuit reversed a decision by the District Court for the District of Nevada on summary judgment that the asserted claims of U.S. Patent No. 7,320,969 were nonobvious, determining that the District Court erred in its obviousness analysis. The Federal…
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By Donald Zuhn — Today, in Centocor Ortho Biotech, Inc. v. Abbott Laboratories, the Federal Circuit reversed the District Court's denial of judgment as a matter of law ("JMOL") of invalidity, holding the asserted claims of U.S. Patent No. 7,070,775 invalid for lack of written description. Plaintiffs-Appellees Centocor Ortho Biotech, Inc. and New York University…
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By Kevin E. Noonan — The rift that has arisen between the U.S. Patent and Trademark Office and the Justice Department over the question of patent-eligibility for isolated genes seems to be continuing. Last Thursday, the Acting Solicitor General sent a letter to the Federal Circuit, requesting to opportunity to present oral argument to the Court…
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By Donald Zuhn — With the help of Patent Docs readers, we have been trying to collect copies of all of the briefs that have been filed in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case and make them available on our site. Of the thirty amicus briefs that have…
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By Donald Zuhn — With briefing in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case now complete, Patent Docs has begun reviewing the 29 amicus briefs that were filed with the Court of Appeals. Of the 29 amicus briefs, fifteen were filed in support of Defendants-Appellants and/or reversal, twelve were…
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By Donald Zuhn — In a brief filed on November 30, Plaintiffs-Appellees in Association for Molecular Pathology v. U.S. Patent and Trademark Office argue that they have standing; that Myriad's BRCA1/2 isolated DNA claims are invalid under 35 U.S.C. § 101 because they cover laws of nature, natural phenomena, physical phenomena, and products of nature;…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent…
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