Tag Archives: Myriad

New Webinar Series: Practical IP for Natural Sciences

Please join us in a new webinar series directed to the practical strategies in a new era of patent law to protect IP in chemistry, pharmaceuticals, biotechnology and genetic medicine. The collision of new technologies and patent statutes of a … Continue reading

Posted in Webinar | Tagged , , , , , , | Leave a comment

Athena Diagnostics, Inc. v. Mayo (D. Mass., August 4, 2017) – “That’s all,” She Wrote.

Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody complexes that … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , | Leave a comment

Same-Day Continuing Applications are Co-pending under s. 120

The outcome of this question of statutory construction was not really in doubt, given the fact that an adverse holding could invalidate thousands of patents which needed same-day copendency to avoid intervening prior art. Immersion Corp. v. HTC Corp., Appeal no. … Continue reading

Posted in Statutory Interpretation | Tagged , , , , , , , , | Leave a comment

Justice Breyer to Diagnostic Test Patentees – “Abandon Hope All Ye Who Enter Here.”

Kevin Noonan recently posted an article entitled “The Fantastical World of Justice Stephen Breyer” that demonstrates, via Breyer’s quotes during various oral arguments, his suspicion that the patent system is, for example, issuing broad, hard to understand, claims that lead … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , , , , , , , , | Leave a comment