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Documents on Intellectual Property, Technology & Science, Biotech & Life Sciences
 

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HTMLMaximizing the Value of Pre-AIA Patent Applications Using First-to-File Regime - Part I
Cliff Z. Liu, Tianran Yan; Foley & Lardner LLP;
Legal Alert/Article
June 19, 2013, previously published on June 15, 2013
The 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...

 

HTMLPatent Troll Targets: If You Have a Scanner, You May Be One
Jonathan M. D'Silva; MacDonald, Illig, Jones & Britton LLP;
Legal Alert/Article
June 18, 2013
The 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...

 

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...

 

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...

 

HTMLThe 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;
Legal Alert/Article
June 17, 2013
The New Post Grant Review (PGR) and Inter Parte Review (IPR) Procedures under US Patent Law

 

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...

 

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...

 

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...

 


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