LexisNexis® Legal Newsroom
Does the Gene Patent Decision Raise Questions about the Eligibility of Other Compositions of Matter?

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 ],...

Eric E. Bensen on the Federal Circuit's Holding That Isolated Genes Are Patent Eligible

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...

Sunstein Kann Murphy & Timbers LLP: Court Brings Cheer to Biotech World With Strong Backing For Gene Patents

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...

AMP v. USPTO ("The Myriad Case"): Status Quo on Gene Patents . . . For Now

The "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...

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"...

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

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 ]....

Myriad Genetics: The Supreme Court Rules That Isolated DNA Is Not Patent Eligible

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. Excerpt: "The very first...

Kenyon & Kenyon: Consumer Watchdog v. WARF Stem Cell Case Could Test Myriad’s Reach

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...