Tag Archives: Department of Justice

The U.S. Government’s Position in ACLU v. Myriad Genetics

Hans Sauer BTN

Hans Sauer, BIO’s Deputy General Counsel for Intellectual Property, comments on  the Department of Justice’s brief and oral argument in the Myriad “gene patent” case.  Read his guest collumn on IPWatchdog. I have often wondered why the DOJ showed up out of nowhere two years ago, and started pressing legal theories that are contrary to decades of U.S. government policy and established patent law, and that would potentially invalidate thousands of patents to DNA molecules, enzymes, Read More >

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Mayo v. Prometheus: BIO Statement on Supreme Court Decision

U.S. Supreme Court

By Hans Sauer, Deputy General Counsel for Intellectual Property, Biotechnology Industry Organization We are surprised and disappointed in the Court’s decision, which disregarded the considered judgment of the Executive Branch experts and numerous amici such as BIO, who warned about the unintended consequences of attempting to use patent eligibility as a basis to strike down these patents for biomarker-based diagnostic methods. While we are still analyzing the opinion, we are concerned that it introduces new and Read More >

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U.S. Inter-Agency Group takes on Counterfeit Pharmaceuticals

The Office of the Intellectual Property Enforcement Coordinator released an Inter-Agency report partnering with the Food and Drug Administration, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the Departments of Justice, State, and Commerce and USAID. The report highlights the Administration’s efforts to combat counterfeit pharmaceuticals listing various Department initiatives and in some cases providing actual budget numbers (State Department budgets $1.3 million in 2011 to combat counterfeit pharmaceuticals).  Finally, the report Read More >

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Is the Myriad Case Decision and/or the DOJ Brief TRIPS Compliant?

Judge Sweet seemed to dismiss Myriad’s constitutional taking and TRIPS claims by indicating: “Finally, Myriad’s suggestion that invalidating the patents-in-suit would constitute an unconstitutional taking in violation of the Fifth Amendment of the Constitution or a violation of the United States’ obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is unpersuasive. Myriad’s novel taking argument runs counter to a long history of invalidation of patent claims by the courts and is unsupported by legal Read More >

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