Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are
In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.
In the trial court, Judge Robert Sweet of the Southern District of New York made headline news when he ruled (on summary judgment) that DNA sequences, isolated from the human genes associated with a predisposition for breast and ovarian cancer and used to diagnose mutations in those genes, were products of nature and, as such, not patentable subject matter under 35 U.S.C. ' 101. Ass'n for Molecular Pathology v. U.S. Patent & Trademark Office, 702 F.Supp.2d 181 (S.D.N.Y. 2009). Judge Sweet's ruling ran counter to the almost three-decade-long policy of the USPTO. backing gene patents. Myriad appealed and a Federal Circuit panel, composed of Circuit Judges Alan D. Lourie, Kimberly A. Moore and William C. Bryson, affirmed in part and reversed in part the lower court. Ass'n for Molecular Pathology, 653 F.3d 1329 (Fed. Cir. 2011). Notably, the circuit court in a reversal of the trial court held that isolated DNA could be patentable. Both parties appealed and the Supreme Court granted certiorari, vacated and remanded the case back to the Federal Circuit for further consideration in light of its recent decision in Mayo Collaborative Services v. Prometheus, Inc., 566 U.S. __, 132 S.Ct. 1289, 182 L.Ed.2d 321 (2012).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
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.