Tag Archives: Supreme Court

Patent Parameters

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Supreme Court Finds Naturally Occurring DNA to Be Patent Ineligible Last summer, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., which concerned the patent eligibility of the BRCA1 and BRCA2 genes. In Myriad, a unanimous Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. The Court also determined, albeit with one caveat, that Read More >

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Supreme Court Decision on Web Content Delivery to Impact Biotech Patents

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Earlier this month, in Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court issued a decision that will likely impact patents directed to methods for treating or diagnosing diseases.  In Limelight Networks, the Court reversed the appellate court’s finding that Limelight had infringed U.S. Patent No. 6,108,703, which is assigned to the Massachusetts Institute of Technology and is exclusively licensed to Akamai Technologies.  In particular, the Court determined that a defendant is not liable Read More >

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Nautilus v. Biosig, Baxter v. Fresenius and Limelight v. Akamai

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BIO weighed in on three Supreme Court cases in the last few months whose outcome could change the IP landscape for biotechnology companies. BIO’s amicus brief in Nautilus v. Biosig Instruments argues that the petitioner misrepresents the Federal Circuit’s definiteness test and seeks to litigate an issue not properly before this court.  Petitioner’s approach radically departs from established law and practice.  Finally the petitioner’s approach would destabilize the patent system as it would inject substantial Read More >

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Patently Biotech’s Top Articles of 2013

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Intellectual property featured prominently in 2013’s public discourse. Gene patents, patent trolls, India’s anti-patent actions, and other developments around the world captured headlines. Here are Patently Biotech’s top blog posts written in 2013 by number of views. 1.   Myriad Supreme Court Decision: BIO’s Statement 2.  Kirtsaeng v. John Wiley & Sons: No Good Deed Goes Unpunished 3.  What a Patent is Not 4.  Gene Patents, Angelina Jolie, and Reality 5.  What OxyContin Tells Us About Read More >

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Myriad Supreme Court Decision: BIO’s Statement

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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 >

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