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Bass Berry & Sims PLC | USA | 27 Aug 2019

Myriad Genetics Settlement Illustrates FCA Risks Posed by Government and Other Non-Traditional Relators

On July 19, 2019, Myriad Genetics disclosed a $9.1 million settlement agreement to resolve a False Claims Act (FCA) qui tam lawsuit alleging that it…
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McKee Voorhees & Sease PLC | USA | 26 Dec 2018

Light at the End of the Tunnel? Expanding Concepts of What is Patentable Subject Matter.

Justice Warren Burger in the seminal case of Diamond v. Chakrabarty found that Congress had intended patentable subject matter to “include anything…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 11 Dec 2018

IP Considerations for the Food and Beverage Industry Series: Patenting Natural Products Used in Unnatural Ways

As an increased emphasis is placed on protecting our environment and Animal welfare, companies aim to make traditionally animal-derived products from…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 7 Sep 2018

IP Considerations for the Food and Beverage Industry Series: Engineered Foods and Patent Eligibility Issues

Engineered natural products, like lab-grown meat and synthetic milks, are on the cutting edge of food science. Companies in this field often aim to…
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Bradley Arant Boult Cummings LLP | USA | 24 Apr 2018

Are Combined Diagnosis and Treatment Still Patent-Eligible? One Court Says “No”

In 2011 the Supreme Court announced that methods of diagnosing disease are ineligible for patenting under its landmark decision, Mayo Collaborative…
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FisherBroyles LLP | Australia, USA | 22 Mar 2018

Evolving Patenting Strategies for Gene-Based Inventions: Spotlight on the United States vs. Australia

In a recent decision, The Federal Court of Australia held that a method of using gene sequence analysis to identify beneficial traits in cattle was…
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Wilmer Cutler Pickering Hale and Dorr LLP | USA | 5 Dec 2017

Can Juries Decide Patent Eligibility Under 35 U.S.C. 101?

No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. 101. After not having decided a 101 case…
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Kirkland & Ellis LLP | USA | 13 Jun 2017

Patent eligibility and life sciences patents

In the few years since the Supreme Court turned to the issue of patent eligibility with its decisions in Mayo Collaborative Servs v Prometheus Labs…
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GQ Life Sciences | USA | 18 May 2017

The Evolution of Patentable Subject Matter Eligibility

Patentable subject matter is defined in the 35 U.S.C. § 101 as: “any new and useful process, machine, manufacture, or composition of matter”, with the…
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Knobbe Martens | USA | 19 Mar 2017

Positive Clinical Results for Using Myriad’s BRACAnalysis CDx® for Identifying Breast Cancer Patients for Treatment with Lynaparza

Myriad Genetics recently announced clinical results showing that its BRACAnalysis CDx® test was able to identify patients with HER2-negative…
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