Landmark Australian case finds genes still patentable in Australia
Article by Mark Wickham of Phillips Ormonde Fitzpatrick.The post Landmark Australian case finds genes still patentable in Australia appeared first on Biotechnology Patent Law Blog | Patents4Life by...
View ArticleApproaches to Claiming Diagnostic Methods using Biomarkers in the EPO
Find linked below a guest post from Dr. Stefan Danner in regards to drafting diagnostic claims in Europe. Diagnostic Claims The post Approaches to Claiming Diagnostic Methods using Biomarkers in the...
View ArticleMyriad Argued Before The Supreme Court – Some Snippets
I confess that I’ve become addicted to this case and just finished all 63 pages of the transcript of the oral argument that took place on Monday. I won’t try to summarize it, but rather will try to...
View ArticleEn (many) banc(s) Fed. Cir. decides CLS Bank v. Alice Corp. (Part 1)
On May 10th, the Federal Circuit issued a short per curium opinion affirming the district court’s decision that “a majority of the court affirms the [holding below] that the asserted method and...
View ArticleCLS Bank v. Alice Corp. (Part 2)
I hope that some of my loyal readers noticed that my last post on CLS was incomplete, since it did not elaborate on the rationale for the decision(s) arrived at by the majority, either directly or by...
View ArticleCLS Bank International v. Alice Corporation: Poison Apple
This is a guest post from Ron Schutz of Robins, Kaplan, Miller & Ciresi. Move over Snow White. A deeply-divided Federal Circuit in CLS Bank Int’l. v. Alice Corp. Pty. Ltd., issued a per curiam...
View ArticleSupreme Court Rules In Myriad On Patentability Of DNA
Today, the Supreme Court ruled that a naturally occurring DNA sequence is a product of nature, and not patent-eligible simply because it has been “isolated.” (A copy of the ruling can be found at the...
View ArticleAssociation For Molecular Pathology V Myriad Genetics – An Isolated Local...
Paul Cole, Professor of Intellectual Property Law at Bournemouth University and European Patent Attorney at Lucas & Co, Warlingham, Surrey, UK discusses yesterdays Myriad ruling by the Supreme...
View ArticleCan AMP v. Myriad Revive Diagnostic Method Claims?
At the end of the Supreme Court’s Opinion, Justice Thomas makes it clear that the Court was impressed by Judge Byson’s dissents in the Fed. Cir. Myriad opinions. Although Judge Bryson was on the Intema...
View ArticleFinally, A Reasonable Decision
This is a guest post from Greg Stark, attorney at Schwegman Lundberg & Woessner. Attached at the end of this post is an annotated copy of the June 21st decision from the Federal Circuit in...
View ArticleMyriad Brings Out Its “Reserve Claims” To Challenge Ambry
In my post on this blog of June 17th, I speculated that the positive comments by the Supreme Court in the Myriad decision about the patent-eligibility of claims directed to new applications of natural...
View ArticleSenator Leahy Urges NIH to Exercise “March-in” Rights on Myriad’s Tests
The Bayh-Dole Act of 1980 grants universities the right to elect to take title in any patent application and patent that was made by their researchers with the support of the Government, e.g., NIH. 35...
View ArticleComplimentary Webinar: Patenting DNA
Join Robin Chadwick and me as we untangle the web of rulings in the upcoming webinar “Patenting DNA: Why DNA is Different and What to Do About It.” The live CLE webinar will be presented on Wednesday,...
View ArticlePatents at the Supreme Court: Update and Fallout
Warren Woessner and Charles R. Macedo will speak on patentable subject matter post-Myriad, Prometheus and CLS in the upcoming AUTM Webinar on September 12. Warren (Schwegman Lundberg) will present on...
View ArticleDr. Watson, Genomics and the Law
Since the legal tsunami of court decisions affecting many aspects of life sciences – from patents on Round-UpTM Ready soybeans to “companion diagnostics” – has rolled back out to the sea of summer...
View ArticleIntema Files Petition for Grant of Certification
Following the Fed. Cir. holding that the claims in Intema’s patent (U.S. Pat. No. 6,573,103) on an improved method for determining the risk of a Down’s syndrome pregnancy were patent-ineligible as...
View ArticleCert. Denied in Intema Ltd. v. PerkinElmer, Inc.
On October 7, 2013, the S. Ct. denied cert., ending Intema’s appeal of the Fed. Cir. decision that its patent claims on a method to determine the level of risk of a Down syndrome pregnancy were not...
View ArticleAriosa Diagnostics v. Sequenom: Another One Bites The Dust
In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 2013 U.S. Dist. LEXUS 156554, the U.S. District Ct. for N.D. Cal., granted summary judgment to Ariosa that the claims of U.S. Patent No. 6,258,540 were...
View ArticleThe Unacknowledged Role of Section 112 in the Myriad Decisions
Guest post from Paul Cole, Lucas & Co., UK; introduction by Warren Woessner. In this interesting note, Paul Cole explores the possible effect on the Fed. Cir. and Supreme Court’s decisions about...
View ArticleDonald Chisum Monograph: Cert. Grant in CLS Bank: Background and Commentary
This is a guest post from the Chisum Patent Academy and is posted with their permission. Patents on Computer-Implemented Methods and Systems: The Supreme Court Grants Review (CLS Bank) (Dec. 10, 2013)...
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