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Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 23 Jun 2015

Federal Circuit decision in Ariosa v. Sequenom offers further clarification on the scope of patent-eligible subject matter

On June 12, 2015, the Federal Circuit issued its eagerly anticipated decision in Ariosa v. Sequenom, which assessed the subject matter eligibility of


Phillips Ormonde Fitzpatrick | Australia | 13 Feb 2015

High Court to determine if isolated genetic material is patentable subject matter in Australia

The Australian High Court has allowed Yvonne D'Arcy's special leave application from the Full Federal Court decision in D'Arcy v Myriad Genetics Inc


Patterson Belknap Webb & Tyler LLP | USA | 10 Feb 2015

DNA primers: the trouble with being short

In BRCA1- & BRCA2-Based Hereditary Cancer Test Patent Litig. V. Ambry Genetics Corp. (Ambry), the Federal Circuit invalidated Myriad's claims to


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


Foley & Lardner LLP | USA | 21 Jan 2015

Can any DNA claims still be patented?

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit


FB Rice | USA | 8 Jan 2015

Myriad in wonderland: under Alice, diagnostic method claims dealt another blow in the United States

Just when it seemed the US Patent Office (USPTO) had relaxed its assessment of patent eligibility for certain types of subject matter relating to


Mintz | USA | 19 Dec 2014

CAFC delivers another decision on patentability of Myriad patents

In Univ. of Utah Res. Foundation et al. v. Ambry Genetics Corp., No. 2014-1361 (Fed. Cir. Dec. 17, 2014), the Federal Circuit once again has weighed


Kramer Levin Naftalis & Frankel LLP | USA | 19 Dec 2014

Federal Circuit rules “primers” are not patent eligible subject matter

On Dec. 17, 2014, the U.S. Court of Appeals for the Federal Circuit decided In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, No


Ropes & Gray LLP | USA | 18 Dec 2014

Federal Circuit applies Alice to biotechnology in striking down Myriad method of screening claims, leaves door open for narrower method claims

On December 17, 2014, a three judge panel of the Federal Circuit issued a ruling that may significantly narrow the scope of patent eligible subject


Pepper Hamilton LLP | USA | 18 Dec 2014

More biotech and diagnostic patents at risk after Federal Circuit decision

Yesterday, December 17, 2014, the Federal Circuit Court of Appeals found that certain claims relating to Myriad's BRCA1 genetic test for breast and