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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

Federal court upholds FTC rules on reporting certain pharma patent transfers

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 12 2014

Granting the agency's motion for summary judgment, a federal court in the District of Columbia has upheld the U.S. Federal Trade Commission's (FTC's

EU Court of Justice nixes patents for stem-cell inventions involving human embryo destruction

  • Shook Hardy & Bacon LLP
  • -
  • European Union
  • -
  • October 20 2011

The European Union (EU) Court of Justice has determined that EU patent law does not protect neural precursor cells and the processes for their production from embryonic stem cells

Researchers protest ECJ advocate general’s position on patenting stem cell technologies

  • Shook Hardy & Bacon LLP
  • -
  • European Union
  • -
  • May 5 2011

Viewing the issue as a matter of morality, the advocate general of the European Court of Justice (ECJ) recently delivered a non-binding ruling that would render unpatentable the cells removed from the human embryo at the blastocyst stage, because the removal involves the embryo's destruction

U.S. Supreme Court says new evidence allowed in Section 145 proceeding

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 19 2012

Less than two weeks after the U.S. Supreme Court issued Mayo Collaborative Services v. Prometheus Laboratories, Inc., ruling that methods for determining an optimal drug dosage to treat certain autoimmune diseases were not patent eligible, a federal court in the District of Columbia similarly found that claims for “Systems, Methods and Computer Program Products for Guiding the Selection of Therapeutic Treatment Regimens” are patent-ineligible

Ambry Genetics countersues Myriad Genetics in genetic patent infringement suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 15 2013

Responding to the patent infringement claims asserted against it by Myriad Genetics, Ambry Genetics Corp. denies that the 15 patents at issue were

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

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