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Intellectual Property Litigation Patent Licensing and Transactions Patent Litigation

As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?

Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?

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For years, the United States Patent and Trademark Office (Patent Office or USPTO) allowed claims to biological discoveries including DNA or protein sequences as long as the claims did not encompass the sequences in their natural setting. In Mayo and Myriad, the U.S. Supreme Court wiped out most of those patents for improperly claiming a “law of nature” and “product of nature,” respectively. Since that time, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?

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