Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Drug & Device News

By ALM Staff | Law Journal Newsletters |

At High Court's Request, Fed Circuit Reconsidered Patent Decision

Although the U.S. Supreme Court asked the U.S. Court of Appeals for the Federal Circuit to revisit its decision in Association for Molecular Pathology v. Myriad Genetics, the outcome was ultimately the same: the Fed Circuit says human genes can be patented. The Aug. 16 holding followed a rehearing in July on the question of whether Myriad Genetics Inc. could legitimately patent two genes chemically separated from DNA associated with ovarian and breast cancer. The Federal Circuit found that the March 2012 U.S. Supreme Court decision in Mayo Collaborative Services v. Prometheus Laboratories Inc., which had prompted the high court to seek rehearing in Myriad, was inapplicable. Mayo invalidated patents on methods for determining the optimum dose of medication for individuals with certain diseases ' methods that the Supreme Court deemed to be based on laws of nature that are unpatentable. But the Federal Circuit determined that the Myriad patents were unlike the invalidated claims in Mayo because they “are a product of man, not of nature.” “Mayo does not control the question of patent-eligibility of such claims,” stated the court. “They are claims to compositions of matter, expressly authorized as suitable patent-eligible subject matter ' . [W]hen cleaved, an isolated DNA molecule is not a purified form of a natural material, but a distinct chemical entity that is obtained by human intervention.” In his opinion concurring in part and and dissenting in part, Judge William Bryson wrote, “I respectfully dissent from the court's holding that Myriad's BRCA gene claims and its claims to gene fragments are patent-eligible. In my view, those claims are not directed to patentable subject matter, and the court's decision, if sustained, will likely have broad consequences, such as preempting methods for whole-genome sequencing, even though Myriad's contribution to the field is not remotely consonant with such effects ' to argue that the isolated BRCA gene is patentable because in its native environment it is part of a much larger structure is no more persuasive than arguing that although an atom may not be patentable, a subatomic particle is patentable because it was previously part of a larger structure.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs Image

A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.

Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Coverage Issues Stemming from Dry Cleaner Contamination Suits Image

In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.