Law.com Subscribers SAVE 30%

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

The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

IP News

By Jeffrey S. Ginsberg and Joseph Mercadante
December 21, 2012

Supreme Court Agrees to Hear Two Important Patent Cases

The Supreme Court has granted certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, limited to a single question: Are human genes patentable? The case began in the Southern District of New York, where the plaintiff filed a declaratory judgment action seeking a decision that claims of Myriad's patents were invalid. The district court granted plaintiff's motion for summary judgment of invalidity, essentially holding that all claims to human genes are not patentable under 35 U.S.C. ' 101. 669 F. Supp. 2d 365, 369-76 (S.D.N.Y. 2010). The Federal Circuit heard the appeal, and after a rehearing in light of the Supreme Court's decision in Mayo Collaborative Services v. Prometheus, Inc., 566 U.S. __, 2012, held that Myriad's claims to isolated DNAs were eligible for patent protection, while the claims directed to comparing and analyzing gene sequences were not. Association for Molecular Pathology v. U.S. Patent & Trademark Office, 689 F.3d 1303 (Fed. Cir. 2012).

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
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.

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.