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Robert Esmond, Ph.D. Sterne Kessler Goldstein & Fox

Results 1 to 5 of 5



The patentability of isolated DNA will be decided by the Supreme Court *

USA - December 3 2012
On November 30, 2012, the U.S. Supreme Court agreed to review the Federal Circuit decision in Association for Molecular Pathology v. Myriad Genetics, holding that isolated human genes are patent-eligible under 35 U.S.C. § 101.

Co-authors: Eric K. Steffe.


Federal Circuit reaffirms the Association for Molecular Pathology v. Myriad *

USA - August 16 2012
On August 16, 2012, the U.S. Court of Appeals for the Federal Circuit issued another split decision in Association for Molecular Pathology v. Myriad Genetics, No. 2010-1406 (Myriad).

Co-authors: Eric K. Steffe.


Oral arguments heard by Federal Circuit in Myriad gene patent case *

USA - July 24 2012
On July 20, 2012, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in The Association for Molecular Pathology v. USPTO (Myriad).

Co-authors: Lori M. Brandes, Ph.D..


Federal Circuit upholds the patentability of isolated DNA in association for Molecular Pathology v. Myriad *

USA - July 29 2011
On July 29, 2011, the U.S. Court of Appeals for the Federal Circuit issued a split decision in Association for Molecular Pathology v. Myriad Genetics, No. 2010-1406 (Fed. Cir., July 29, 2011), holding that claims to isolated DNA are patentable subject matter.

Co-authors: Kevin W. McCabe.


Federal Circuit significantly restricts the doctrine of inequitable conduct in Therasense v. Becton Dickenson *

USA - May 25 2011
On May 25, 2011, the U.S. Court of Appeals for the Federal Circuit issued an en banc decision in Therasense v. Becton Dickenson, No. 2008-1511 (Fed. Cir., May 25, 2011), outlining a heightened standard for inequitable conduct in patent infringement cases, requiring a finding of both specific intent to deceive and a “but-for” materiality.