LexisNexis® Legal Newsroom
Troutman Sanders LLP: Federal Circuit Discusses a Myriad of Patent-Eligibility Issues

By Douglas "Doug" D. Salyers , James Moore Bollinger , George B. Snyder and Robert "Rob" E. Browne, Jr. Last week, the Court of Appeals for the Federal Circuit held that certain isolated human DNA molecules are eligible for patent protection. This was an important decision...

Brinks Hofer Gilson & Lione: Federal Circuit Upholds Claims to Isolated DNA Molecules

On July 29, 2011, a divided panel of the United States Court of Appeals for the Federal Circuit, in an appeal from the United States District Court for the Southern District of New York, issued its highly-anticipated decision in Association for Molecular Pathology v. U.S. Patent & Trademark...

Patently Ours? Constitutional Challenges to DNA Patents

By Vincent Y. Ling* *J.D. and Masters of Bioethics Candidate, 2012, University of Pennsylvania. Excerpt from Patently Ours? Constitutional Challenges to DNA Patents , 14 U. Pa. J. Const. L. 813 (February, 2012) Introduction The controversy surrounding patenting deoxyribonucleic acid ("DNA"...

Patents Post-Grant: Prometheus Based Patent Reexamination Requests?

Patentable Subject Matter Challenge Advanced in Patent Reexamination This past March, as most in the patent community are well aware, the Supreme Court recalibrated 35 U.S.C. § 101 in Mayo Collaborative Services v. Prometheus . The decision held that certain patents of Prometheus Laboratories...

Sheppard Mullin Richter & Hampton LLPS: Inventions In Unpredictable Fields -- Not Always Unobvious

On Sept. 21, 2012, a three-judge panel of the Federal Circuit in In re Droge (2011-1600) [ enhanced version available to lexis.com subscribers ] held that the claims in U.S. patent application serial no. 10/082,772 (the '772 application"), directed to a method of recombining DNA in eukaryotic...

Sunstein Kann Murphy and Timbers: Supreme Court Stands to Reshape Patent Law for the Life Sciences

By Nancy Wilker, Ph.D . A member of the Life Sciences Practice Group Two thousand thirteen may end up being the year of life sciences patent law at the Supreme Court. In the last three months, the court has agreed to hear three biotech/pharma cases, the outcomes of which will have sweeping implications...