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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"...

On Remand, Federal Circuit Reverses Patent Ineligibility Findings

WASHINGTON, D.C. - ( Mealeys ) In a divided ruling, the Federal Circuit U.S. Court of Appeals today [August 16th] reversed a New York federal judge's determination that composition claims related to isolated DNA molecules are patent-ineligible products of nature and scientific principles pursuant...

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...

Certiorari Granted For A Second Time In Cancer Gene Patent Dispute

WASHINGTON, D.C. - ( Mealey's ) Less than a year after it returned to the Federal Circuit U.S. Court of Appeals a patent lawsuit over diagnostic test kits for determining hereditary risk of breast and ovarian cancer, the U.S. Supreme Court on Friday announced it will again take up the case (...