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Category: Patentable Subject Matter
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By Kevin E. Noonan — Two academic amici — Robert Cook-Deegan (at right), Research Professor and Director, Center for Public Genomics at Duke University, and Christopher Holman, Ph.D. (Molecular Biology) (below left), Associate Professor of Law, University of Missouri – Kansas City School of Law — filed a brief in the AMP v. USPTO (Myriad) appeal…
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By Kevin E. Noonan — Diagnostic method claims, especially medical diagnostic method claims, have come under increased scrutiny ever since Justice Breyer (joined by since-retired Justices Souter and Stevens) dissented from dismissal of certiorari as improvidently granted in the Laboratory Corp. v. Metabolite Labs., Inc. ("LabCorp") case. While these considerations have largely been relegated to…
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By Donald Zuhn — Earlier this month, the Federal Circuit, in Mikkilineni v. Stoll, affirmed a decision of the District Court for the Eastern District of Virginia dismissing Mikkilineni's challenge of the U.S. Patent and Trademark Office's Interim Patent Subject Matter Eligibility Examination Instructions ("Interim Guidelines"). Plaintiff-Appellant M. R. Mikkilineni filed an application claiming "a…
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By Donald Zuhn — In an amicus brief filed in Association of Molecular Pathology v. U.S. Patent and Trademark Office, Genetic Alliance adds its name to the list of groups supporting reversal of the District Court's decision that the claims of several patents on BRCA1 were invalid as encompassing non-statutory subject matter. The not-for-profit, tax-exempt…
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By Kevin E. Noonan — On October 29, the Biotechnology Industry Organization (BIO) and the Association of University Technology Managers (AUTM) filed an amici curiae brief in AMP v. USPTO (the Myriad case). Fittingly (in view of the interest, financial and otherwise, of their members in patented genetic technologies), the brief is focused on the…
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By Kevin E. Noonan — The American Intellectual Property Law Association (AIPLA) filed an amicus brief in the Myriad case (Association of Molecular Pathology v. U.S. Patent and Trademark Office), in support of neither party but advocating reversal. While making many of the arguments made by Myriad and other amici, the brief contains at least…
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By Donald Zuhn — In an amicus brief filed last Friday with the Federal Circuit in Association of Molecular Pathology v. U.S. Patent and Trademark Office, the Intellectual Property Owners Association (IPO) sets forth the organization's views regarding "two issues of vital importance to the proper functioning of the patent system." In response to the…
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By Donald Zuhn — On October 22, Defendants-Appellants Myriad Genetics, Inc. and ten Directors of the University of Utah Research Foundation filed their brief in Association of Molecular Pathology v. U.S. Patent and Trademark Office (see "Myriad Files Appeal Brief in AMP v. USPTO"). Pursuant to Rules 29(e) and 31(a)(2) of the Federal Rules of…
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By Kevin E. Noonan — The United States government (or at least that part of it constituting the Department of Justice) has filed an amicus curiae brief in the AMP v. USPTO case (Myriad) in which it advocates a change in policy regarding the patent-eligibility of isolated genomic DNA. Written by two DOJ officers with little…
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By Kevin E. Noonan — Myriad Genetics filed its appellant's brief in Association of Molecular Pathology v. U.S. Patent and Trademark Office last Friday, joined by the Directors of the University of Utah Research Foundation (Lorris Betz, Roger Boyer, Jack Brittain, Arnold B. Combe, Raymond Gesteland, James U. Jensen, John Kendall Morris, Thomas Parks, David W.…
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