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Documents on Intellectual Property, Biotech & Life Sciences
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|Rise of the Genome|
David A. Munkittrick; Proskauer Rose LLP;
June 18, 2013, previously published on June 14, 2013We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court decided what Justice Alito described as “perhaps the most important...
|Supreme Court Decision on Gene Patents: Supreme Court Holds Naturally Occurring, Isolated DNA Is Not Patentable, While Synthetic DNA Is Patentable|
Sullivan Cromwell LLP;
June 18, 2013, previously published on June 14, 2013In a decision having implications for the healthcare, biotechnology, and pharmaceutical industries, on June 13, 2013, the U.S. Supreme Court held that a naturally occurring DNA sequence is not patentable simply because it has been isolated from surrounding genetic material. Assoc. for Molecular...
|Isolated DNA Is Not Patent-Eligible|
Antoinette F. Konski; Foley & Lardner LLP;
June 17, 2013, previously published on June 13, 2013Today the U.S. Supreme Court in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., -- U.S. -- (2013), held that genes and DNA fragments merely isolated from nature without alteration are not patent-eligible. Justice Thomas, who delivered the opinion of the Court, stated that claims to...
|Supreme Court Invalidates Claims to Isolated DNA, but Upholds Patent Eligibility of cDNA in Myriad|
Daniel W. Clarke, Peter F. Corless, Ralph A. Loren, Brian P. Murphy; Edwards Wildman Palmer LLP;
June 17, 2013, previously published on June 2013On June 13, 2013, the United States Supreme Court issued a highly anticipated decision in Association for Molecular Pathology v. Myriad Genetics, Inc. (“Myriad”) concerning the patent eligibility of human genes.
|Isolated Genes No Longer Patentable: Supreme Court Reverses Federal Circuit in Myriad Case|
Sutherland Asbill Brennan LLP;
June 17, 2013, previously published on June 13, 2013In a thinly worded unanimous decision in Assn. for Molecular Pathology v. Myriad Genetics, Inc. on June 13, 2013, the U.S. Supreme Court held that patent claims directed to genes are not patent eligible despite being claimed in an isolated form. The Court indicated that in order to qualify for...
|Supreme Court Rules on Patent Eligibility of DNA Sequences|
Kevin L. Bastian, Charles W. Calkins, Joe C. Hao, Kathryn H. Wade; Kilpatrick Townsend & Stockton LLP;
June 17, 2013, previously published on June 13, 2013A unanimous Supreme Court held today that a claim directed to a DNA sequence defined solely by its ability to encode a protein is not patent eligible subject matter because it occurs in nature, but a claim directed to a complementary DNA (cDNA) sequence remains patent eligible because such a...
|Supreme Court Decides Myriad Case: Synthetic DNA Held Patentable & Implications for Nanotech|
Stephen B. Maebius; Foley & Lardner LLP;
June 14, 2013, previously published on June 13, 2013Today the Supreme Court rendered its decision in the landmark Myriad case, holding that naturally occurring DNA segments are not patentable, but synthetic DNA segments are patent eligible based on the patent eligibility requirement of 35 U.S.C. 101 which prevents patents on products of nature. It...
|Myriad Genetics: Supreme Court Holds That Isolated Human Genes are Unpatentable But cDNA is Patentable|
Robert H. Fischer, Dennis Gregory, Dana Lau; Fitzpatrick, Cella, Harper & Scinto;
June 14, 2013, previously published on June 13, 2013On June 13, 2013 a unanimous United States Supreme Court held that the natural sequence of isolated human genes is a non-patentable product of nature. The Court also held that cDNA sequences—non-natural sequences—are patentable. Association for Molecular Pathology v. Myriad Genetics,...
|The Supreme Court Nixes Claims to Isolated Genomic DNA|
Robert W. Esmond, Jorge A. Goldstein; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
June 14, 2013, previously published on June 13, 2013The U.S. Supreme Court decided today that claims to isolated genomic DNA are not patentable subject matter and thus invalid. This decision rendered invalid patent claims owned by Myriad Genetics as well as thousands of patent claims of others to such molecules. However, Myriad’s claims to...
|To the Chagrin of Copyright Holders, Consumers Win the Right to Resell Imported Books|
Sharona Hakimi Sternberg; Sunstein Kann Murphy & Timbers LLP;
June 10, 2013, previously published on May 2013Just over a century ago, when buying a book for a dollar still seemed expensive, the Supreme Court first recognized the “first sale doctrine,” a basic exception to a copyright owner’s distribution rights. Once a consumer buys a copyrighted product, like a book, the copyright...