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Category: Patentable Subject Matter
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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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By Donald Zuhn — With oral argument in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") less than two weeks away, Patent Docs continues its examination of some of the twenty-three amicus briefs that have been filed in this case. Today, we look at the amicus brief filed by the Intellectual Property…
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By Donald Zuhn — On Tuesday, the U.S. Patent and Trademark Office issued a memorandum providing guidance for determining subject matter eligibility of process claims involving laws of nature in view of the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The memo, entitled "2012 Interim Procedure for Subject Matter Eligibility Analysis…
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By Kevin E. Noonan — We are living in an age of retrenchment with regard to patent law, where thirty years of Federal Circuit precedent, from the court created by Congress to harmonize U.S. patent law to great public benefit, is being reconsidered by the inconstant, almost fickle attention of the U.S. Supreme Court. This…
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By Donald Zuhn — Last week, a group of 23 industrial, environmental, food, and agricultural biotechnology companies sent a letter to Attorney General Eric H. Holder, Jr. and Solicitor General Donald Verrilli, Jr., expressing their concerns over Association for Molecular Pathology v. Myriad, which was remanded back to the Federal Circuit in light of Mayo Collaborative…
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By Kwame Mensah — A free-flowing panel discussing the potential impact of Mayo Collaborative Services v. Prometheus Laboratories, Inc. on the future of personalized medicine and diagnostic method patents in the United States, and the possible slippery slope that could be encountered if its holding is stretched to the claims in the Myriad case as…
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By Kevin E. Noonan — The deadline for filing "supplemental briefs" in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("the Myriad case") was Friday, and in addition to Appellants Myriad (Supplemental Brief for Appellant (Myriad)) and Appellees represented by the ACLU and Public Patent Foundation (here), more than a dozen amicus curiae…
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