Tag Archives: BRCA DNA

Roche Molecular Systems, Inc. v. Cepheid – Are Primers “Natural Products”?

Anyone familiar with the fate of claims to primers used in PCR, to amplify a stretch of target DNA in order to determine whether or not a significant mutation is present, could write the opinion in this appeal (No. 2017-1690 … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , | 1 Comment

Canadian Hospital To Travel The Long And Winding Road Of “Gene Patenting”

Arguing that human DNA is a natural product, the Children’s Hospital of Eastern Ontario (CHEO) has filed suit in Federal Court to invalidate patents claiming human DNA or diagnostic methods that use it. It has been reported that CHEO was … Continue reading

Posted in Canadian Practice | Tagged , , , , , , , , , , | Leave a comment

Dr. Watson, Genomics and the Law

Since the legal tsunami of court decisions affecting many aspects of life sciences – from patents on Round-UpTM Ready soybeans to “companion diagnostics” – has rolled back out to the sea of summer break, I have found time to reflect … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , | 1 Comment

Myriad Brings Out Its “Reserve Claims” To Challenge Ambry

In my post on this blog of June 17th, I speculated that the positive comments by the Supreme Court in the Myriad decision about the patent-eligibility of claims directed to new applications of natural products (like the BRCA genes) would … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , | Leave a comment