Tag Archives: gene patent

Whole Genome Sequencing and Myriad Supreme Court Case: Nothing to See Here

Supreme Court - Phil Roeder

Bio IT World just published an article stating that the Myriad Supreme Court case will have little to no effect on whole genome sequencing. “As WGS involves determining the sequence of an individual’s entire genome, there is concern in many quarters that WGS could violate essentially every patent covering an isolated human DNA sequence—of which there are thousands. Indeed, this concern has been raised by scholars, policy analysts and lawyers, including before the Federal Circuit Read More >

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AMP v. Myriad: BIO Statement on Federal Circuit (Re)Decision

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BIO released the following statement on the Federal Circuit’s decision in the AMP v. Myriad case on remand from the Supreme Court to reconsider in light of Mayo v. Prometheus. “Today’s decision by the U.S. Court of Appeals for the Federal Circuit confirms long-standing law under which valuable DNA preparations, bacterial enzymes, plant-derived antibiotics and other industrially and medically useful substances can be considered for patenting. Such patents have long provided critical incentives for expensive Read More >

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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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Gene Patent Discussion Should Include Industrial, Environmental, & Ag Biotech

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Twenty-three industrial and agricultural biotech companies, ranging from development-stage businesses to all of the largest players in the field, sent a letter to the Solicitor General expressing concern over the pending appeal in the Myriad “gene patents” case.  The companies wrote the letter to correct the myopic view that this case is only about human genetic diagnostics. The case could potentially adversely impact agricultural and industrial biotechnology, whose activities are far removed from the clinical Read More >

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PTO Genetic Testing Study: What’s Patents Got to Do with It

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The USPTO held a hearing on February 16 to collect testimony from interested parties to discuss factors affecting the availability of confirmatory, or second opinion, genetic testing.  However, the hearing quickly devolved into testimonies addressing so called ‘gene patents’ and genetic testing more broadly. Dr. Hans Sauer testified on behalf of BIO and first raised the question whether there is in fact patient demand for an ‘independent second opinion genetic test.’  While doctors would likely Read More >

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