In a case styled as In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation (also known as Myriad v. Ambry), the Federal Circuit held four of Myriad’s “primer” claims and two of Myriad’s detection method claims invalid for lack of subject matter eligibility under 35 USC § 101. The timing of this decision–coming two days after … Continue reading this entry Tags: Ambry,BRCA1,DNA,Myriad,Patent Eligibility,Primer,Subject Matter Eligibility
Now that the Supreme Court has issued its unanimous decision reversing the Federal Circuit decision in Prometheus, it is expected to decide the petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU “gene patenting”/BRCAI case), as early as Monday (March 26). Many are predicting that the Court will issue a “GVR” to … Continue reading this entry Tags: ACLU,Chakrabarty,DNA,Funk Brothers,Intervet,Isolated,Myriad,Product Of Nature
As I wrote previously, one interesting aspect of the recent Federal Circuit decision in Association for Molecular Pathology v. USPTO, is the apparent scientific basis for the differing opinions of Judge Lourie and Judge Bryson on the patent-eligibility of isolated genomic DNA claims. Unlike many concurring and dissenting opinions that are spurred by a different view of the law, Judge Lourie and Judge Bryson also appear to part ways based on different views of the science.
In this second part of a three-part series, I focus on the views of Judge Bryson.
… Continue reading this entry Tags: 101,ACLU,Association For Molecular Pathology,BRCA,Breast Cancer,DNA,Eligibility,Funk Brothers,Gene,Isolated,Myriad
One interesting aspect of the recent Federal Circuit decision in Association for Molecular Pathology v. USPTO, is the apparent scientific basis for the differing opinions of Judge Lourie and Judge Bryson on the patent-eligibility of isolated genomic DNA claims. Unlike many concurring and dissenting opinions that are spurred by a different view of the law, Judge Lourie and Judge Bryson also appear to part ways based on different views of the science.
In this first part of a three-part series, I focus on the views of Judge Lourie.
… Continue reading this entry Tags: 101,ACLU,Association For Molecular Pathology,BRCA,Breast Cancer,DNA,Eligibility,Funk Brothers,Gene,Isolated,Myriad
Posted in 101; Federal Circuit Decisions; Myriad