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Australia, USA - February 15 2013
While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld…
USA - November 30 2012
The Supreme Court today granted certiorari in Assoc. for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. (Myriad), to address the issue of whether human genes are patentable.
USA - August 16 2012
The Federal Circuit today issued its opinion in Assoc. for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. (“Myriad”), in which it re-affirmed its prior ruling, despite the Supreme Court’s instruction to revisit that ruling in light of its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., ___U.S.___ (March 20, 2012) (“Prometheus”).
USA - March 26 2012
Once the Supreme Court issued its opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc., __ U.S. __ (March 20, 2012) (“Prometheus”), many commentators believed the fate of the petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, et al. (“Myriad”) was sealed.
USA - September 1 2011
In yet another decision examining the boundaries of patent-eligible subject matter under 35 U.S.C. § 101, the Federal Circuit determined in Classen Immunotherapies v. Biogen IDEC that two representative claims directed to comparing immunization schedules, choosing a schedule, and immunizing a patient based on that schedule, constitute patent-eligible subject matter
