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Documents on Intellectual Property, Biotech & Life Sciences
 

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HTMLRise of the Genome
David A. Munkittrick; Proskauer Rose LLP;
Legal Alert/Article
June 18, 2013, previously published on June 14, 2013
We 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...

 

Adobe PDFSupreme Court Decision on Gene Patents: Supreme Court Holds Naturally Occurring, Isolated DNA Is Not Patentable, While Synthetic DNA Is Patentable
Sullivan Cromwell LLP;
Legal Alert/Article
June 18, 2013, previously published on June 14, 2013
In 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...

 

HTMLIsolated DNA Is Not Patent-Eligible
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
June 17, 2013, previously published on June 13, 2013
Today 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...

 

HTMLSupreme 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;
Legal Alert/Article
June 17, 2013, previously published on June 2013
On 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.

 

Adobe PDFIsolated Genes No Longer Patentable: Supreme Court Reverses Federal Circuit in Myriad Case
Sutherland Asbill Brennan LLP;
Legal Alert/Article
June 17, 2013, previously published on June 13, 2013
In 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...

 

HTMLSupreme Court Rules on Patent Eligibility of DNA Sequences
Kevin L. Bastian, Charles W. Calkins, Joe C. Hao, Kathryn H. Wade; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
June 17, 2013, previously published on June 13, 2013
A 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...

 

HTMLSupreme Court Decides Myriad Case: Synthetic DNA Held Patentable & Implications for Nanotech
Stephen B. Maebius; Foley & Lardner LLP;
Legal Alert/Article
June 14, 2013, previously published on June 13, 2013
Today 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...

 

Adobe PDFMyriad 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;
Legal Alert/Article
June 14, 2013, previously published on June 13, 2013
On 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,...

 

Adobe PDFThe Supreme Court Nixes Claims to Isolated Genomic DNA
Robert W. Esmond, Jorge A. Goldstein; Sterne, Kessler, Goldstein & Fox P.L.L.C.;
Legal Alert/Article
June 14, 2013, previously published on June 13, 2013
The 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...

 

HTMLTo the Chagrin of Copyright Holders, Consumers Win the Right to Resell Imported Books
Sharona Hakimi Sternberg; Sunstein Kann Murphy & Timbers LLP;
Legal Alert/Article
June 10, 2013, previously published on May 2013
Just 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...

 


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