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Documents on Intellectual Property, Technology & Science, Biotech & Life Sciences
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|Maximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime - Part I|
Cliff Z. Liu, Tianran Yan; Foley & Lardner LLP;
June 19, 2013, previously published on June 15, 2013The first-to-file provisions of the Leahy-Smith America Invents Act (AIA) took effect on March 16, 2013. The predominant view among patent practitioners is that applicants should in general keep their pre-AIA patent application under the first-in-invent regime to avail the benefit of the Hilmer...
|Patent Troll Targets: If You Have a Scanner, You May Be One|
Jonathan M. D'Silva; MacDonald, Illig, Jones & Britton LLP;
June 18, 2013The patent system is supposed to be a tool to provide inventors a way to benefit from their hard work and to gain some element of protection in the marketplace. Unfortunately, there are entities that take advantage of the letter of the law by buying ownership rights to patents in order to squeeze...
|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...
|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...
|The New Post Grant Review (PGR) and Inter Parte Review (IPR) Procedures under US Patent Law|
Jerry Huang, Michael Lu; Lee Tsai Partners Attorneys-at-Law;
June 17, 2013The New Post Grant Review (PGR) and Inter Parte Review (IPR) Procedures under US Patent Law
|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...
|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...
|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...