The U.S. District Court for the Southern District of California invalidated several dietary supplement product and method patents as being directed to ineligible subject matter, even though they claimed products providing a certain dose or combination of ingredients, or methods using the products. The decisions were rendered in the context of a motion to dismiss … Continue reading this entry Tags: Natural Phenomenon,Product Of Nature
Myriad and the ACLU filed their supplemental briefs in the remand of Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU “gene patenting”/BRCA1 case), addressing the Federal Circuit’s question as to the applicability of the Supreme Court’s decision in Mayo Collaborative Servs. v. Prometheus Labs., Inc. to the patent eligibility of Myriad’s isolated DNA … Continue reading this entry Tags: ACLU,BRCA,Breast Cancer,Myriad,Natural Phenomenon,Patent Eligibility,Product Of Nature
The briefs in the remand of Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU “gene patenting”/BRCAI case) were due last Friday, June 15, 2012. While the views of the parties and other amici may be of interest to the Federal Circuit, I am particularly interested in the position taken in the U.S. Department of … Continue reading this entry Tags: Amicus Brief,Mayo,Myriad,Natural Phenomenon,Product Of Nature,Prometheus
Last Wednesday I attended an excellent roundtable on Prometheus hosted by The George Washington University Law School and The Biotechnology Industry Organization (BIO). The roundtable was moderated by Hans Sauer of BIO and John M. Whealan of GW Law, and the panelists included The Honorable Paul R. Michel, intellectual property law professors, industry representatives, and practitioners (including my … Continue reading this entry Tags: Method Claim,Natural Phenomenon,Patent Eligibility
I was honored to be invited by the Washington Legal Foundation to prepare a video commentary on the recent Supreme Court decision in Prometheus and its possible impact on the Myriad isolated DNA case for their Legally Brief series. Here’s what I had to say: WLF Legally Brief: Supreme Court Prometheus Patent Decision… Continue reading this entry Tags: Myriad,Natural Phenomenon,Product Of Nature,Prometheus,Vlog
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