Managing IP Magazine > Archive > September 2012 > Patents: Second win for Myriad on gene patents

Patents: Second win for Myriad on gene patents



30 August 2012


Biotech company Myriad, which owns US patents covering the isolation and detection of the BRCA1 and BRCA2 genes, won a second victory at the US Court of Appeals for the Federal Circuit last month. In the long-running dispute, parties including the Association for Molecular Pathology said Myriad's claims covered material ineligible for patent protection. But in August, the Federal Circuit once again reversed the district court's finding that Myriad's composition claims to isolated DNA molecules cover patent-ineligible products of nature. The court also overturned the ruling that Myriad's method claim for screening potential cancer therapeutics via changes in the cell growth rates of transformed cells is a patent-ineligible scientific principle. But it affirmed the district court's decision that Myriad's method claims for "comparing" or "analysing" DNA sequences are "abstract, mental steps" that cannot be patented. The Federal Circuit first ruled on the case in July last year and an appeal to the Supreme Court was subsequently filed. The case was returned to the Federal Circuit following the Supreme Court's decision in Mayo v Prometheus in March this year. The plaintiffs have said they are not satisfied with the decision and could appeal to the High Court a second time.

China

Chinese patents to be expedited. China’s new priority examination system for patents went live on August 1. Applicants can now request speedier examination for inventions in fields including green technologies, new-generation information technology and high-end manufacturing. Patents filed in China before other countries or deemed in the national interest can also be fast-tracked. Applicants must file electronically and submit an application for prioritised patent examination endorsed by a provincial SIPO branch.

US

Jury hears Apple v Samsung. Nine ordinary Americans will soon decide whether or not to award billions of dollars in damages after being selected as jurors in Apple and Samsung’s latest battle over smartphones. Reports indicate that the jurors include seven men and two women, two of whom are engineers. They hail from Santa Clara County in San Jose, which is home to Silicon Valley and one of the country’s best-educated and most IP-savvy populations.

Mexico

IP-friendly changes welcomed. Mexico has introduced a series of pro-IP developments, including acknowledging data exclusivity protection, recognising so-called formulation patents and publishing guidelines for protecting data package exclusivity rights. President Felipe Calderon’s outgoing administration also controversially signed ACTA in July, while the Mexican Congress was not in session. He changes have been welcomed by IP owners and practitioners in the country.

UK

Court of Justice rules for Neurim and SPCs. The Court of Justice of the EU has ruled that supplementary protection certificates (SPCs) can be obtained for second medical use patents. The questions to the court were referred by Lord Justice Jacob from the Court of Appeal in London, in a case between Neurim Pharmaceuticals and the UKIPO. The Office had refused an SPC to Neurim for its product Ciracadin (melatonin) because melatonin had already been marketed since 2001 as a veterinary drug.

Former CEO of the UK IP Office Ron Marchant told a seminar in Hong Kong that it is "unrealistic" to expect developing countries to develop IP systems comparable to those of advanced economies.

Research in Motion has been ordered to pay New Jersey software company Mformation $147.2 million for infringing a patent for remotely managing wireless devices.

Novell plans to appeal a US judge's decision to dismiss its seven-year lawsuit against Microsoft, which involved antitrust claims concerning Novell's WordPerfect writing application.

At the USPTO's opening ceremony of its patent office in Detroit, officials confirmed that the first 50 examiners will be assigned applications in art units 2800, 3600 and 3700.

Third parties can now electronically submit observations on PCT applications, including references to relevant prior art.

US Federal Circuit judges upheld Alice's patent claims for a computerised trading platform in CLS Bank v Alice, overturning a district court decision and reigniting debate over what constitutes a patent-eligible idea.

China and Russia have started a one-year patent prosecution highway initiative, according to an announcement by the Chinese Ministry of Commerce.


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