Tag Archives: Myriad

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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USPTO Blogpost Brings Mayo Down to Earth

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The United States Patent and Trademark Office Director David Kappos posted a blogpost called “Some Thoughts on Patentability” which discusses a recent Federal Circuit decision in CLS Bank International v. Alice Corporation and the lessons we should learn from the Federal Circuit.  “Based on my experience, I appreciate the wisdom of the court’s discussion relating to resolving disputed claims by focusing initially on patentability requirements of § 102, 103, and 112, rather than § 101. Read More >

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

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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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Recent Developments in Patentability: Prometheus and Myriad

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By Joe Allen, President, Allen and Associates Recent Developments in Patentability: Prometheus and Myriad at the 2012 BIO International Convention was a very lively panel discussion on two cases that have set the life science industry on edge. The discussion presented an appropriate diversity of views as experts struggle with how broadly these cases should be interpreted. Briefly, the unanimous decision by the Supreme Court overtuning a decision upholding the Prometheus patents by the Court 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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