Category Archives: Patent Eligible Subject Matter

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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PTO Guidelines for Process Claims Involving Laws of Nature

On July 3rd, the PTO released 13 pages entitled “2012 Interim Procedure for Subject Matter Eligibility Analysis of Process Claims Involving Laws of Nature.” They are intended as guidance for Examiners who encounter such claims, e.g., in Group 1600, in … Continue reading

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Lilly Files Amicus Brief in Myriad Remand – With Friends Like This…

Following its reversal of the Fed. Cir.’s decision in Mayo v. Prometheus (“Mayo”), the Supreme Court GVR’d in response to AMP’s (read: ACLU’s) appeal of Myriad’s claims to isolated DNA sequences and to a method of screening potential anti-cancer drugs … Continue reading

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