Patent Law Weblog
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Category: Supreme Court
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By Donald Zuhn — It has been just over two weeks since the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., holding that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, and determining that cDNA is patent…
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By Kevin E. Noonan — The old adage "Bad cases make bad law" is invoked when the facts of a case lead a court to rule in favor of the particular entities before it rather than applying the law consistently. (Although anyone familiar with recent Supreme Court patent jurisprudence would perhaps not be amiss in…
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By Kevin E. Noonan — The Supreme Court on Monday declined to grant certiorari in Momenta Pharmaceuticals v. Amphastar Pharmaceuticals, a case involving a split in authority that has arisen among Federal Circuit judges regarding the scope of the "safe harbor" provisions on 35 U.S.C. § 271(e)(1). Specifically, two panels of the Court, both consisting…
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By Kevin E. Noonan — The Supreme Court's decision in the Myriad case has been almost universally hailed as being a great victory for patients, doctors, personalized medicine, and research. Precluding patenting for "merely" isolated human DNA, while permitting cDNA to be patent-eligible, is seen as being a rational compromise ("The Supreme Court got it…
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By Kevin E. Noonan — The Supreme Court ruled 5-3 today in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer's opinion reversed the decision of the Eleventh Circuit Court of Appeals dismissing the FTC's complaint that a "reverse…
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By Daniel Boehnen — Last week, The Supremes once again stepped into an area of science/law where their limited knowledge of both fields will create more harm than good. The Supremes' say that the problem with isolated and purified DNA is that it is not chemically distinct from naturally occurring DNA, like cDNA, but persons…
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By Grantland Drutchas — Perhaps one of the most intriguing issues coming out of the Supreme Court's Myriad decision is whether it leaves any room for the "inventive concept" test raised by earlier Supreme Court decisions, including Mayo v. Prometheus. Or is inventive concept merely limited to method claims? Compare the mental gymnastics that the…
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By Kevin E. Noonan — The Supreme Court rendered its opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. ("the Myriad case"), and in many ways it was anticlimactic: the Court adopted the Department of Justice's position (thankfully, sans "magic microscope") by deciding that cDNA was patent eligible but genomic DNA (and fragments thereof…
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Association for Molecular Pathology v. Myriad Genetics, Inc. (2013) By Donald Zuhn — In a much anticipated decision, the Supreme Court issued its opinion this morning in Association for Molecular Pathology v. Myriad Genetics, Inc. In an opinion by Justice Thomas, joined by Chief Justice Roberts, Justices Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, and…
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By Andrew Williams — On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented: QUESTION PRESENTED: In Medlmmune, Inc. v. Genentech, Inc., 549 U.S. 118, 137 (2007), this Court ruled that a…
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