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Genetic technologies settles infringement suit over non-DNA coding technology
- Shook Hardy & Bacon LLP
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- USA
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- May 2 2013
Genetic Technologies Ltd. (GTG) has reportedly settled a patent infringement lawsuit filed in late 2012 against PreventionGenetics. While the terms
SCOTUS hears arguments on patentability of human genes
- Shook Hardy & Bacon LLP
- -
- USA
- -
- April 18 2013
The U.S. Supreme Court (SCOTUS) heard arguments on Monday specifically addressing whether "human genes are patentable." Ass'n for Molecular Pathology
U.S. Supreme Court to consider just one question in Myriad Genetics
- Shook Hardy & Bacon LLP
- -
- USA
- -
- December 6 2012
The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling on the patentability of human genes and limited its grant of certiorari to the question “Are human genes patentable?”
CRS visiting scholar recommends that Congress clarify patentable subject matter doctrine
- Shook Hardy & Bacon LLP
- -
- USA
- -
- November 15 2012
In a Congressional Research Service paper titled “Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine,” visiting scholar John Thomas considers how the U.S. Supreme Court ruling limiting the patentability of diagnostic methods that simply describe natural phenomena and relations may affect innovation and public health
Federal Circuit’s patent infringement ruling conflicts with USPTO re-examination on validity
- Shook Hardy & Bacon LLP
- -
- USA
- -
- November 1 2012
The Federal Circuit Court of Appeals has denied a request for an en banc rehearing by a medical-device patent holder which argued that the U.S. Patent and Trademark Office’s (USPTO’s) Board of Patent Appeals had effectively nullified a previous Federal Circuit decision on the validity of its patent
ACLU weighs in on patentability of human genes in Myriad Genetics
- Shook Hardy & Bacon LLP
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- USA
- -
- October 3 2012
American Civil Liberties Union (ACLU) attorneys representing the petitioners in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S., docketed October 1, 2012), have filed their petition for review before the U.S. Supreme Court. Information about the Federal Circuit Court of Appeals ruling from which the petition has been filed appears in Issue 41 of this Bulletin
Fractured Myriad Genetics ruling follows SCOTUS remand
- Shook Hardy & Bacon LLP
- -
- USA
- -
- August 30 2012
Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible
Federal Courts of Appeals conflict over validity of pay-for-delay deals
- Shook Hardy & Bacon LLP
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- USA
- -
- August 2 2012
The Third Circuit Court of Appeals issued a ruling in mid-July that found “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade,” thus supporting the Federal Trade Commission’s (FTC’s) view that pay-for-delay deals that settle patent disputes between name-brand pharmaceutical companies and their generic drug competitors violate antitrust law
Federal Circuit refuses to consider standingmootness issue in Myriad Genetics
- Shook Hardy & Bacon LLP
- -
- USA
- -
- June 21 2012
The Federal Circuit Court of Appeals has issued a non-precedential order declining Myriad Genetics’ invitation to revisit whether the plaintiff has standing, that is, a redressable legal interest in maintaining the lawsuit, and will thus consider, on remand from the U.S. Supreme Court, whether isolated DNA claims and method claims are patent-eligible under Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012
Federal Ccircuit panel returns to Gore-Tex graft dispute, clarifies willfulness standard for enhanced damages
- Shook Hardy & Bacon LLP
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- USA
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- June 21 2012
The Federal Circuit Court of Appeals has vacated parts of its February 2012 decision in a long-running patent dispute over a prosthetic vascular graft and remanded the matter for the district court to address the objective prong of the willfulness standard and reconsider its denial of W.L. Gore’s motion for judgment as a matter of law of no willful infringement. Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc., Inc., No. 2010-1510 (Fed. Cir., decided June 14, 2012
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