Category Archives: Patent Eligible Subject Matter

Time For Myriad To Fight Another Day

Put another way, it is time for Jones Day to click their well-polished heels and go home. Today, the U.S. Government filed an amicus brief largely supporting the arguments by AMP/ACLU that isolated DNA is essentially the same molecule after … Continue reading

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ACLU Files Petitioners’ Brief in AMP v. Myriad Appeal

On January 13th, AMP et al. filed a 59 page brief contended that human DNA, including DNA fragments, RNA and cDNA, should not be considered patent-eligible under 35 USC s. 101. There is a lot to read here, much of … Continue reading

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Supreme Court Grants Myriad’s Petition for Cert.

I feel a bit like Al Pacino in “The Godfather – Part 3” when he shouts, “Just when I thought I was out, they pull me back in!” (Repeated memorably by Silvio Dante in “The Sopranos”.) Now the Supreme Court … Continue reading

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Perkinelmer v. Intema – Biomarker Claims Not Patent Eligible

In Perkinelmer, Inc. v. Intema, Ltd., Appeal no. 2011-1577 (Fed. Cir. November 20, 2012), a panel of the Fed. Cir. reversed the district court and invalidated all of the claims of US Pat. No. 6,573,103 as patent-ineligible in view of … Continue reading

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