The recent Association for Molecular Pathology v. United States Patent & Trademark Office , 2011 U.S. App. LEXIS 15649 (Fed. Cir. Jul. 29, 2011) (" Molecular Pathology ") [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],...
Addressing patent eligibility for the third time in less than a year, the
Federal Circuit affirmed the long-standing rule that an isolated gene is patent
eligible subject matter. However, it was the concurring and dissenting judges
that agreed on the test to be used to determine eligibility. The fractured...
By Nancy C. Wilker , a member of our Life Sciences Practice Group
The biotechnology and
pharmaceutical industries felt equal measures of relief and vindication
from the Federal Circuit's recent decision that isolated DNA molecules
continue to be patentable subject matter. The case examined...
"Myriad Case" is the first decision to specifically address whether DNA
isolated from its natural state is patentable subject matter. The Federal
Circuit found that isolated DNA is patentable subject matter thereby reversing
the decision of the district court. However, with regard to the...
By Vincent Y. Ling*
*J.D. and Masters of Bioethics Candidate, 2012, University
Excerpt from Patently Ours? Constitutional Challenges to
DNA Patents , 14 U. Pa. J. Const. L. 813 (February, 2012)
The controversy surrounding patenting deoxyribonucleic acid
On August 16, 2012, the Federal Circuit issued, after remand from the Supreme Court, its opinion in The Association for Molecular Pathology v. Myriad Genetics, Inc ., No. 2010-1406, slip opinion (Fed. Cir. August 16, 2012) ("Myriad") [ enhanced version available to lexis.com subscribers ]....
by Amy DeCloux Ph.D. and Kathleen M. Williams Ph.D.
The court's long-anticipated decision in Association of Molecular Pathology. v. Myriad Genetics Inc unanimously supported the premise that a gene in its isolated form cannot be the subject of a U.S. patent.
"The very first...
by Maria Luisa Palmese and Deborah A. Somerville
On July 2, 2013, Consumer Watchdog (formerly The Foundation for Taxpayer and Consumer Rights) asked the Court of Appeals for the Federal Circuit to apply the product of nature analysis from Association for Molecular Pathology, et. al. v. Myriad Genetics...