Monthly Archives: July 2012

“APPLICATION DENIED”- PROMETHEUS IN ACTION

A mathematical equation, even directed toward solving a particular problem, cannot be patented. Prometheus (“Mayo”) 132 S. Ct. at 1299. However, in Diehr, the S. Ct. stated, hopefully, that “[a]n application of a law of nature or a mathematical algorithm … Continue reading

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PTO Rules on Pre-issuance Submissions by Third Parties

On July 17th, the USPTO released the rules that will govern the mandate in Section 8 of the AIA that requires the Office to provide for the submission by third parties of patents, published patent applications and other materials that … Continue reading

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Why Myriad Should Drop Its Appeal

In the Kenny Rogers song, “The Gambler,” Rogers sings “You got to know when to hold ‘em, know when to fold ‘em.” There is still time for Myriad to “fold ‘em” and drop its appeal of the district court decision … Continue reading

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“In Leukemia Treatment, Glimpses of the Future” of Medicine and IP

A provocative article in the Sunday New York Times recounted how a young cancer researcher, who was diagnosed with acute lymphoblastic leukemia (ALL), and who responded but relapsed twice after receiving chemotherapy and bone marrow transplant, achieved a third remission … Continue reading

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