Divided Panel Finds DNA Molecules Patentable – Cancer Screening Claims Too...
Today a divided Fed. Cir. panel of Judges Lourie, Moore and Bryson – Lourie writing for the “majority” – reversed the district court judge, in AMP v. Myriad, holding that isolated DNA sequences are...
View ArticleAMC v. Myriad – “Laws of Nature” Exception Does Not Include Isolated DNA
As noted in my last “flash” post, a divided three-judge Fed. Cir. panel (Judges Lourie, Bryson and Moore) issued an opinion holding that the isolated DNA sequences and the drug-screening method claimed...
View ArticleWegner Paper Probes Myriad Decisions Flaws
Prof. Hal Wegner goes for the jugular with his analysis of some of the flaws in the legal reasoning behind the holding in the recent AMC v. Myriad decision. [See my post of July 31st 2011 on the...
View ArticleMyriad Petition For Rehearing Denied
On September 13, 2011, the Fed. Cir. panel in AMP v. Myriad denied AMP’s (read ACLU’s) petition for rehearing by the panel. (A copy of the petition can be found at the end of this post.) In challenging...
View ArticleAMP Petitions for Cert. and A Look Back
The Association for Molecular Pathology (AMP) has petitioned the Supreme Court to review the Fed. Cir.’s opinion of July 29th, that isolated BRCA DNA sequences are patentable subject matter. Its brief...
View ArticleSupreme Court Remands In Myriad Appeal
Today, as predicted by many commentators, the Supreme Court set aside the ruling by the Fed. Cir. that claims to isolated DNA sequences that are the BRCA 1 or 2 gene, or fragments thereof, are...
View ArticleWhy Myriad Should Drop Its Appeal
In the Kenny Rogers song, “The Gambler,” Rogers sings “You got to know when to hold ‘em, know when to fold ‘em.” There is still time for Myriad to “fold ‘em” and drop its appeal of the district court...
View ArticleCanadian Hospital To Travel The Long And Winding Road Of “Gene Patenting”
Arguing that human DNA is a natural product, the Children’s Hospital of Eastern Ontario (CHEO) has filed suit in Federal Court to invalidate patents claiming human DNA or diagnostic methods that use...
View ArticleMyriad Settles – Questions Remain
Yesterday, Myriad announced it has settled the BRCA assay litigations that had been ongoing—and not going well– with Pathway Genomics, Invitae and Gene by Gene (and I assume….Ambry and Labcorp)....
View ArticleAustralian Patent Office Proposes “Coding Only” Sequence Ban
Coming soon after the High Court’s “Myriad decision” in Australia, the Australian Patent Office has proposed guidelines that would effectively limit the ban on patent-eligibility of DNA sequences to...
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