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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

EU Court of Justice Advocate General issues ruling on Stem Cell patentability

  • Shook Hardy & Bacon LLP
  • -
  • European Union, United Kingdom
  • -
  • August 7 2014

In a non-binding ruling, Advocate General Cruz Villalón of the EU Court of Justice has determined that unfertilized human ova whose division

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

Genetic technologies settles infringement suit over non-DNA coding technology

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 2 2013

Genetic Technologies Ltd. (GTG) has reportedly settled a patent infringement lawsuit filed in late 2012 against PreventionGenetics. While the terms

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

EU Court of Justice interprets law extending patent protection for medicinal products

  • Shook Hardy & Bacon LLP
  • -
  • European Union
  • -
  • December 15 2011

The Court of Justice of the European Union (ECJ) has issued two rulings interpreting EU law at the request of British courts addressing whether drug makers can obtain a supplementary protection certificate (SPC), which extends patent protection, for products with active ingredients additional to those specified in the original 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