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HTMLDistrict Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss
Courtenay C. Brinckerhoff; Foley Lardner LLP;
Legal Alert/Article
November 14, 2014, previously published on November 6, 2014
Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that the claimed sequence analysis method is invalid under 35 USC...

 

HTMLA Peek at the 60 Minutes GenePeeks Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and ”calculate the risk of two people conceiving...

 

HTMLPatent Not Eligible for Listing: Patent Claiming One Medicinal Ingredient, but directed to a Fixed-Dose Combination of Medicines
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
November 10, 2014, previously published on October 15, 2014
This was an appeal from two decisions for three proceedings before Prothonotary Milczynski, in which she determined that a patent could not be listed on the Patent Register under the PM(NOC) Regulations (the “Regulations”). The issue to be decided on appeal, according to Justice Hughes,...

 

HTMLMyriad’s Continuing Patent Debate
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent...

 

HTMLFinally Facing First Inventor to File Issues
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 15, 2014
It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102. While those changes were a hot topic in March of 2013, it is only over...

 

HTMLALJ Essex Sets Procedural Schedule In Certain Beverage Brewing Capsules (337-TA-929)
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
Legal Alert/Article
October 23, 2014, previously published on October 20, 2014
On October 17, 2014, ALJ Theodore R. Essex issued Order No. 7 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

 

HTMLFederal Circuit Jurisdiction Over Patent Contract Disputes
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
In a precedential order issued in Jang v. Boston Scientific Corp., the Federal Circuit held that it has jurisdiction over the parties’ patent-related contract dispute under Gunn v. Minton even though the patents at issue have been invalidated. Despite having found Federal Circuit...

 

HTMLFederal Circuit Hears Arguments in Other Myriad Gene Patents Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
October 13, 2014, previously published on October 7, 2014
On October 6, 2014, the Federal Circuit heard oral arguments in a case involving the claims of the Myriad gene patents that were not invalidated by the Supreme Court’s 2013 decision. The Federal Circuit is reviewing the district court’s denial of Myriad’s motion for a preliminary...

 

HTMLCanada and the EU Successfully Conclude CETA: What It Means to the Pharmaceutical Industry
Steven Mason, Sanjaya Mendis; McCarthy Tétrault LLP;
Legal Alert/Article
October 7, 2014, previously published on October 2, 2014
On September 26, 2014, Prime Minister Harper announced that Canada and the European Union have successfully concluded negotiations on a new trade agreement, the Comprehensive Economic and Trade Agreement (CETA) that was five years in the making, and publicly released the consolidated text of the...

 

HTMLUpdate on Mayo Myriad Patent Eligibility From USPTO BCP Partnership Meeting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
On September 17, 2015, the USPTO held the first “bicoastal” Biotechnology/Chemical/Pharmaceutical Customer Partnership meeting, with live participation from the USPTO’s main campus in Alexandria, VA and from San Jose University in San Jose, CA. The last item on the agenda was a...

 


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