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Results: 1-10 of 46

Australian court finds human gene mutation to be patentable

  • Shook Hardy & Bacon LLP
  • -
  • Australia, USA
  • -
  • September 11 2014

A full panel of the Federal Court of Australia has upheld its earlier ruling that an isolated but naturally occurring nucleic acid, BRCA1, can be

Court denies Myriad’s request to enjoin sale of rival BRCA1BRCA2 tests

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 20 2014

A federal court in Utah has denied the request for a preliminary injunc- tion filed by Myriad Genetics against a rival company that offered tests

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

Myriad Genetics sues diagnostics company over BRCA1 and BRCA2 testing

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 11 2013

Just weeks after the U.S. Supreme Court determined that naturally occurring human genes are not patent eligible and thus found certain Myriad

CRS report focuses on pharmaceutical patent settlements

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 1 2013

The Congressional Research Service (CRS) recently issued a report titled "Pharmaceutical Patent Settlements: Issues in Innovation and

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

New infringement lawsuit filed to protect BRCA1 and BRCA2 patents

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 26 2014

Myriad Genetics has brought a new infringement lawsuit against a company offering a next-generation sequencing test that analyzes the BRCA1 and BRCA2

Parties to gene patent dispute change course by seeking U.S. Supreme Court review

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

After filing petitions for rehearing before the Federal Circuit Court of Appeals panel that split over whether genetic discoveries can be patented, the parties have apparently changed course and indicated their intent to petition the U.S. Supreme Court for review

Federal Courts of Appeals conflict over validity of pay-for-delay deals

  • Shook Hardy & Bacon LLP
  • -
  • 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 says certain human genes may be patented

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented