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Category: Patentable Subject Matter
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By Donald Zuhn — In an amicus brief filed last month in Association for Molecular Pathology v. Myriad Genetics, Inc., the United States asks the Supreme Court to affirm the judgment of the Federal Circuit that cDNA is patent-eligible and reverse the judgment of the appellate court that isolated but otherwise unmodified DNA is patent-eligible. The…
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Will I lose my dignity?Will someone care?Will I wake tomorrowFrom this nightmare? "Will I," Rent By Kevin E. Noonan — The Supreme Court's grant of certiorari over the question "Are human genes patentable" had raised for many the specter of an uninformed generalist court rendering a decision containing dicta that would negatively affect biotechnology. This…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories. For 2012, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
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By Kevin E. Noonan — In a decision that should surprise no one, the U.S. Supreme Court granted certiorari today in Association for Molecular Pathology v. Myriad Genetics, Inc. The grant was limited to the first question presented, whether human genes are patent-eligible, and the Court denied certiorari on the other two questions (thus letting…
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By Kevin E. Noonan — On Halloween, Myriad Genetics filed its brief in opposition to plaintiffs' petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc. (plaintiffs nominally being the Association for Molecular Pathology et al., but actually the American Civil Liberties Union and the Public Patent Foundation). In doing so, Myriad no doubt…
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By Kevin E. Noonan — The Federal Circuit made its first attempt to implement the Supreme Court's nearly opaque jurisprudence on the scope of patent eligibility for diagnostic method claims (as set forth in Mayo v. Prometheus) in PerkinElmer, Inc. v. Intema Ltd., decided today. (The Court's AMP v. Myriad case doesn't really count, as…
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By Donald Zuhn — Last week, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has been distributed for conference on November 30. In response to the Petition for a Writ of Certiorari filed in September by the Public Patent Foundation (PUBPAT) and…
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By Donald Zuhn — Earlier today, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has now been distributed for conference on November 30. In response to the Petition for a Writ of Certiorari filed in September by the Public Patent Foundation (PUBPAT)…
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By Kevin E. Noonan — Once again, it should come as no surprise that the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PubPat) filed a petition for certiorari with the Supreme Court yesterday. This time, three questions were presented: 1. Are human genes patentable? 2. Did the court of appeals err in upholding…
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