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Tag Archives: Supreme Court
Myriad Supreme Court Decision: BIO’s Statement
Statement On U.S. Supreme Court Review Of Isolated DNA Patents Washington, D.C. (June 13, 2013) Jim Greenwood, President and CEO of the Biotechnology Industry Organization (BIO), today issued the following statement on the U.S. Supreme Court’s decision regarding Myriad Genetics’ patent claims on isolated DNA molecules: “The Supreme Court today summarily ruled that so-called cDNA remains eligible for patenting. cDNA is the commercially most important form of DNA used in biotechnology. Today’s decision offers urgently-needed Read More >
The Justness of Gene Patents
Most of the biotechnology world awaits the U.S. Supreme Court’s answer to the Question Presented, “Are human genes patentable,” in the Association of Molecular Pathologists et al. v. Myriad Genetics case. Claims to “human genes” have a canonical form that has been developed over the thirty years during which “genes” (human or otherwise) have been patented under U.S. law: An isolated nucleic acid having a nucleotide sequence that encodes a protein having an amino acid Read More >
Whole Genome Sequencing and Myriad Supreme Court Case: Nothing to See Here
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 >
Mayo v. Prometheus: BIO Statement on Supreme Court Decision
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 >
BIO’s Prometheus v. Mayo Amicus Brief Filed
BIO filed an amicus brief in the Prometheus v. Mayo Clinic case. In this case the Supreme Court is being asked to decide whether diagnostic and personalized medicine claims that depend on a correlation of observed phenomena should be excluded from the patent system at the outset, as patent-ineligible abstract ideas or “laws of nature.” BIO’s brief argues that these judicially-created exclusions from patent-eligibility have traditionally been used only under narrow circumstances, and that their Read More >
