Tag Archives: Preliminary Injunction

District Court Doubts Patent Eligibility Of Myriad BRCA Claims

In a decision issued March 10, 2014, Judge Shelby of the U.S. District Court for the District of Utah denied Myriad’s motion for a preliminary injunction against Ambry Genetics Corp. While Ambry had challenged the validity of the Myriad BRCA claims on several grounds, the district court ruled on the most interesting one–patent eligibility. In particular, … Continue reading this entry

Myriad Preliminary Injunction Hearing To Be Held September 11, 2013

The hearing on Myriad’s motion for a preliminary injunction against Ambry Genetics is scheduled for September 11, 2013, before Judge Robert A. Shelby at the U.S. District Court for the Central District of Utah. The primary question before the court is whether it should issue a preliminary injunction to stop Ambry from selling its allegedly … Continue reading this entry

Federal Circuit Remands Sequenom Down Syndrome Test Platform Patent For Consideration Under Myriad

In Aria Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit vacated and remanded the district court’s decision denying Sequenom’s motion for a preliminary injunction relating to a patent covering the non-invasive Sequenom Down Syndrome test. The Federal Circuit found that the district court had “incorrectly interpreted the asserted claims and improperly balanced factors regarding issuance … Continue reading this entry

Federal Circuit Accords Presumption Of Validity To Erroneously Issued Claims

In Sciele Pharma Inc. v. Lupin Ltd., the Federal Circuit addressed the impact of an unusual patent prosecution history, and held that even erroneously issued claims are entitled to a presumption of validity under 35 USC § 282. Still, the Federal Circuit found that Lupin had raised a substantial question of invalidity, and vacated and … Continue reading this entry

Judge Gajarsa Questions The Patentability of Celsis Multi-Cryopreserved Hepatocytes

In Celsis In Vitro, Inc. v. Cellzdirect, Inc., the Federal Circuit upheld the district court’s grant of a preliminary injunction based on a finding that Celsis had shown a likelihood of success against an obviousness challenge. While the opinion of the court (authored by Chief Judge Rader and joined by Judge Prost) did not strike … Continue reading this entry