PharmaPatents Timely Insight on Emerging Legal Developments

Tag Archives: Oral Argument

Myriad Oral Arguments: Deja Vu?

Posted by Courtenay Brinckerhoff on Posted in 101; Myriad; Prometheus

On Friday, July 20, 2012, the Federal Circuit heard oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), which is on remand in view of the Supreme Court decision in Mayo v. Prometheus. The courtroom was crowded again, but the mood seemed a bit lighter than the first oral arguments in April 2011. Reading the tea leaves from the judges’ questions and comments, I think the panel decision will depend on whether Judge Moore again concurs with Judge Lourie on the patent-eligibility of isolated DNA, or whether she feels compelled by Mayo to join Judge Bryson, who would invalidate the claims. You can listen to the recording of the oral arguments here. A decision is likely a few months away, and the case is expected to make its way to the Supreme Court again.Continue reading this entry

Federal Circuit To Hear Oral Arguments In Myriad Remand Today

Posted by Courtenay Brinckerhoff on Posted in Federal Circuit Decisions; Myriad

Later today the Federal Circuit will hear oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), which is on remand in view of the Supreme Court decision in Mayo v. Prometheus.

In advance of today’s hearing, the Federal Circuit asked for briefing on the following issue:

What is the applicability of the Supreme Court’s decision in Mayo to Myriad’s isolated DNA claims and to method claim 20 of the ’282 patent?

You can find my articles reviewing the parties’ briefs, the government brief, Eli Lilly’s briefs, the briefs of several intellectual property associations, and two non-legal briefs here.

I plan to attend the oral arguments today, but you can listen to them yourself once the recording is made available on the Federal Circuit website (which should be by the end of the day).