Tag Archives: Supreme Court

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

Supreme Court

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 >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , , ,

Patently Biotech’s Top Articles of 2013

lab_tech02-thumb

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 >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , ,

Myriad Supreme Court Decision: BIO’s Statement

4973532326_6c75ba32ba copy

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 >

Patently BIOtech  |  2 Comments  |  Email This Post
Tags: , , , ,

The Justness of Gene Patents

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 >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , ,

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 >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , , ,