Tag Archives: Supreme Court

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 >

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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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Mayo v. Prometheus: BIO Statement on Supreme Court Decision

U.S. Supreme Court

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 >

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BIO’s Prometheus v. Mayo Amicus Brief Filed

prometheus

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 >

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Patents in the U.S. Supreme Court

joseph a

A special session at the 2011 BIO International Convention takes a fascinating look at the underlying factors involved in the U.S. Supreme Court hearing patent cases. The Supreme Court has been accepting patent cases at a higher rate than ever before, with three major patent appeals reviewed this past term alone.  And the Court seems poised to accept several more in the coming year. According to the session moderator, Chief Judge (Ret.) Paul Michel from Read More >

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