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Article

McDermott Will & Emery | USA | 29 Jan 2015

Federal Circuit to Myriad: neither DNA primers nor comparing gene sequences are patent-eligible subject matter

In the latest decision addressing the patentability of Myriad’s BRCA1- and BRCA2-related patents, the U. S. Court of Appeals for the Federal Circuit

Article

McDermott Will & Emery | USA | 14 Jun 2013

Supreme Court to Myriad: isolated DNA sequences are not patent-eligible subject matter

The Supreme Court of the United States has released its highly anticipated decision in AMP et al. v. Myriad Genetics, Inc., et al., on the patenting

Article

McDermott Will & Emery | USA | 31 Aug 2011

Can genes be patented?

It has long been held that inventions reflecting the “hand of man” may be patented.

Article

McDermott Will & Emery | USA | 30 Nov 2010

IPO and DOJ file opposing amicus briefs in Myriad

The Intellectual Property Owners Association (IPO) and the U.S. Department of Justice (DOJ) are two of at least 15 parties that have filed briefs as friends of the court in the Association for Molecular Pathology v. U.S. Patent and Trademark Office and Myriad Genetics, Inc.

Article

McDermott Will & Emery | USA | 22 Nov 2010

Court ruling strikes down gene patents on appeal

May a gene be patented?

Article

McDermott Will & Emery | USA | 28 Apr 2010

District court strikes down gene patents and methods of using genes as unpatentable subject matter

The U.S. District Court for the Southern District of New York granted the plaintiffs’ motion for summary judgment in the closely watched case Association for Molecular Pathology, et al v. USPTO and Myriad, et al.

Article

McDermott Will & Emery | USA | 30 Mar 2010

District court strikes down gene patents and methods of using genes as unpatentable subject matter

Judge Sweet held that products isolated from nature must possess "markedly different characteristics" from the product in nature to constitute patentable subject matter.

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