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Category: Patentable Subject Matter
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By Kwame Mensah — Last month's BIO International Conference kicked off on June 27th with a presentation entitled "IP Issues Affecting Biomarker-Based Diagnostics." The four panelists for the session were David Gass of Marshall, Gerstein & Borun, LLP; Dr. Thorlakur Jonsson, the Director of Intellectual Property at deCODE genetics ehf; Dr. Simon O'Brien of D.…
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By Sherri Oslick — On Tuesday morning, attendees at the BIO International Convention had the opportunity to attend a session entitled "The Myriad Case and the Patentability of Isolated DNA Molecules," presented by the team from Wilmer Hale that submitted a joint amicus curiae brief to the Federal Circuit on behalf of BIO and the…
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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 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 Kevin E. Noonan — Speaking of Oakland, Gertrude Stein famously said "There is no there, there." The quote comes to mind when reading much of the academic literature on patenting genes and diagnostic method claims, which continues to follow the pattern of "there could be a problem, there should be a problem, in the…
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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 — A survey commissioned by the Biotechnology Industry Organization (BIO) shows that 89% of respondents believe patents provide the protection, time, and funding researchers to work on major technological discoveries, and therefore, are a "good thing." The survey also showed that while 51% respondents had reservations about DNA-based patents, those respondents could…
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