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Category: Patentable Subject Matter
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On Monday, the Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (a transcript of the oral argument can be found here). The PBS NewsHour examined yesterday's argument in a segment on Monday's program. PBS senior correspondent Jeffrey Brown discussed the case with Marcia Coyle, chief Washington correspondent for The…
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By Kevin E. Noonan — Much of the gene patenting debate has appeared, to experienced patent practitioners, to be akin to a conversation with Kevin Kline's character in A Fish Called Wanda, or perhaps a passage from P.G. Wodehouse's The Luck of the Bodkins. In short, it has been the tale of doctors, scientists, and…
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By Donald Zuhn — Yesterday, we posted a response from Dr. Chris Mason of Cornell University to a recent Patent Docs post and an article posted by Dr. Chris Holman on Holman's Biotech IP Blog. Dr. Mason co-authored an article in the current issue of Genome Medicine, which contends that due to the non-specificity of…
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[Ed. Patent Docs recently reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the Supreme Court and Congress should limit the patenting of existing nucleotide sequences (see "Genome Medicine Article Calls…
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By Donald Zuhn — Last week, we reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the Supreme Court and Congress should limit the patenting of existing nucleotide sequences (see "Genome…
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By Donald Zuhn — In an article published in the current issue of Genome Medicine, Jeffrey Rosenfeld of the University of Medicine & Dentistry of New Jersey and Christopher Mason of Cornell University contend that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the…
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By Kevin E. Noonan — The U.S. Supreme Court will hear arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. on April 15th, and the parties and their different cadres of amici have submitted briefs of varying degrees of helpfulness and coherence to the Court. In reviewing these briefs, and the Mayo Collaborative Services…
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By Donald Zuhn — In an amicus brief filed last week in support of respondents Myriad Genetics, Inc. et al., the Intellectual Property Owners Association (IPO) asked the Supreme Court to affirm the Federal Circuit's decision in Association for Molecular Pathology v. Myriad Genetics, Inc. that claims to isolated human DNA are patent-eligible. The IPO…
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By Kevin E. Noonan — There is a great cultural divide that has been illuminated by the Myriad case (AMP v. Myriad Genetics), between producers of technology and its consumers, governments and non-government organizations such as patient groups who are goal-driven to reduce present costs (especially in healthcare) regardless of future disadvantages, and the more…
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By Kevin E. Noonan — Myriad Genetics filed its responsive brief with the Supreme Court last Thursday in AMP v. Myriad Genetics ("the Myriad case"). It is a certainly a serviceable brief that makes the patent law arguments that need to be made and cites at least some of the precedent that should be cited. But…
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