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Category: Supreme Court
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This morning, as expected, the Supreme Court issued an Order granting the petition for writ of certiorari in Association for Molecular Pathology v. Myriad, vacating the judgment, and remanding the case back to the Federal Circuit for further consideration in light of Mayo Collaborative Services v. Prometheus Laboratories. For additional information regarding this and other…
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By Kevin E. Noonan — Biotech has met its Benson in the Court's Prometheus decision. Before considering what can be done, it is prudent to consider the implications of this decision (and the previous decade of Supreme Court decisions on patent law). It is now clear that the only patent law that matters is Supreme…
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By Kevin E. Noonan — In a decision he has waited six years to write (having dissented from the Court's decision not to decide similar issues in Laboratory Corp. v. Metabolite Labs., Inc. in 2006), Justice Breyer (and a unanimous Court) overturned the Federal Circuit's decision that diagnostic method claims are eligible for patenting under…
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By Donald Zuhn — Following the Supreme Court's unanimous decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., issued earlier today, in which the Court reversed the Federal Circuit and found Prometheus' claims to be invalid for "effectively claim[ing] underlying laws of nature," few organizations have thus far decided to issue public statements regarding the…
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By Kwame Mensah — In an opinion published earlier today, the Supreme Court unanimously held that claims directed to the relationship between the concentrations of blood metabolites and response to a therapeutic drug in two patents owned by Prometheus Laboratories, Inc. were unpatentable, stating that they "effectively claim the underlying laws of nature themselves." This…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fifth annual list of top biotech/pharma patent stories. For 2011, we identified a dozen 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…
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By Kevin E. Noonan — 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 on Tuesday. Two questions were presented: 1. Are human genes patentable? 2. Did the court of appeals err in adopting a new…
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By Kevin E. Noonan — Tomorrow, the U.S. Supreme Court will hear oral argument in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The case represents the "other side" of the current foment regarding patent eligibility for methods and reagents related to what can broadly be termed "life sciences" patenting (the other, of course, being the…
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By Kevin E. Noonan — A little more than one year after the Supreme Court issued its opinion on the patent-eligibility of (business) method claims in Bilski v. Kappos, the Court has granted certiorari in one case (Prometheus Laboratories, Inc. v. Mayo Collaborative Services) and may consider two others (Classen Immunotherapies, Inc. v. Biogen Idec. and…
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By Kevin E. Noonan — A panel of former Solicitors General and Assistant Solicitors addressed recent Supreme Court precedent in patent law during the BIO International Convention last month. Moderated by former Federal Circuit Chief Judge Paul Michel, the panel consisted of Seth Waxman, former Solicitor General now at Wilmer Hale; Paul Clement, another former…
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