Category Archives: Patent Eligible Subject Matter

Senator Leahy Urges NIH to Exercise “March-in” Rights on Myriad’s Tests

Posted on July 17, 2013 by Warren Woessner

The Bayh-Dole Act of 1980 grants universities the right to elect to take title in any patent application and patent that was made by their researchers with the support of the Government, e.g., NIH. 35 USC s. 200 et seq. This … Continue reading →

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Myriad Brings Out Its “Reserve Claims” To Challenge Ambry

Posted on July 10, 2013 by Warren Woessner

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 →

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Finally, A Reasonable Decision

Posted on June 24, 2013 by Warren Woessner

This is a guest post from Greg Stark, attorney at Schwegman Lundberg & Woessner. Attached at the end of this post is an annotated copy of the June 21st decision from the Federal Circuit in Ultramercial v. Hulu. The underlying patent … Continue reading →

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Can AMP v. Myriad Revive Diagnostic Method Claims?

Posted on June 17, 2013 by Warren Woessner

At the end of the Supreme Court’s Opinion, Justice Thomas makes it clear that the Court was impressed by Judge Byson’s dissents in the Fed. Cir. Myriad opinions. Although Judge Bryson was on the Intema panel that sank claims to … Continue reading →

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