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Claims for Analyzing Twitter Posts Held Unpatentable by Judge Castel
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • November 9 2018

On October 29, 2018, United States District Judge P. Kevin Castel (S.D.N.Y.) issued a decision granting Defendant Bloomberg's Rule 12(b)(6) motion to

Intellectual Property Law Year in Review
  • McDermott Will & Emery
  • USA, European Union, Global
  • March 6 2018

This past year the Supreme Court and Federal Circuit redefined and continued to define key aspects of intellectual property (IP) law, and the

Federal Circuit invalidates patent due to obviousness-type double patenting
  • Hunton Andrews Kurth LLP
  • USA
  • August 21 2014

The patent holder argued that the doctrine of obviousness-type double patenting (ODP) no longer applies because, under the URAA, a patent’s

Patenting of gene sequences
  • Fasken
  • USA
  • July 26 2010

In the recent decision of the US District Court for the Southern District of New York, Justice Robert Sweet ruled that composition and method claims directed to isolated DNA sequences and the uses thereof are not patentable subject under the U.S. Patent Act.

SDNY rules patents to “isolated” DNA invalid
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • June 11 2010

In a well-publicized battle between the American Civil Liberties Union (“ACLU”) and Myriad Genetics (Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al.), the ACLU successfully invalidated Myriad’s patents and may have significantly affected the ability to patent human genetic material.

Ground-breaking federal district court ruling on gene patents
  • Nutter McClennen & Fish LLP
  • USA
  • May 17 2010

In Association for Molecular Pathology et al. v. United States Patent And Trademark Office et al., Association for Molecular Pathology and other plaintiffs, including some physicians and cancer patients, asked a federal district court in New York, in a motion for summary judgment, to invalidate several so-called “gene patents” owned by the University of Utah and Myriad Genetics.

Myriad's gene patents held invalid
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • April 30 2010

The U.S. District Court for the Southern District of New York recently held that certain claims of Myriad Genetics' patents covering two breast cancer susceptibility genes were invalid, ruling that isolated gene sequences and diagnostic methods using such gene sequences are not patentable subject matter.

Recent decision addresses validity of patents covering DNA sequences
  • Barnes & Thornburg LLP
  • USA
  • April 7 2010

In a 156 page opinion issued on March 29, 2010, Judge Robert W. Sweet of the U.S. District Court for the Southern District of New York declared that certain claims to isolated DNA sequences in patents licensed to Myriad Genetics are invalid because they cover unpatentable subject matter (Ass’n for Molecular Pathology v. United States Patent and Trademark Office, No. 09-4515, slip op. (S.D.N.Y. March 29, 2010).

The end of patentability for genes?
  • Davis Wright Tremaine LLP
  • USA
  • April 1 2010

In a ruling that is sure to send shockwaves throughout the scientific and medical communities, Federal District Court Judge Robert W. Sweet, sitting in the Southern District of New York, held that all of the claims at issue in seven of Myriad Genetics’ breast cancer gene patents are invalid, including those directed toward methods of using isolated genes as markers for breast cancer.

District court invalidates claims to isolated DNA molecules and methods of their use; finds subject matter ineligible for patent protection
  • Duane Morris LLP
  • USA
  • March 31 2010

On March 29, 2010, in a ruling that may have a tremendous impact on the biotechnology community, the U.S. District Court for the Southern District of New York held that patent claims related to the BRAC1 and BRAC2 genes, as well as claims to methods of using nucleotide sequences within those genes to assess susceptibility to cancer, were invalid, in Association for Molecular Pathology v. USPTO, Myriad Genetics, et al. (Myriad).