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Myriad case

  • Biotechnology and patentability: navigating unchartered waters in Australia and the US

    January 26, 2016

    The debate over the patentability of isolated DNA has raged around the world. Tania Obranovich compares the two Myriad decisions from the highest courts in Australia and the US and explains how the Australian decision has called into question what had long been thought of as a fundamental pillar of Australian patent law

  • The A-Z of IP In 2015

    December 16, 2015

    As 2015 draws to a close, James Nurton looks back on some of the year’s major IP developments – from the Australia High Court to Zynga – and provides links to our coverage of them

  • Eight highlights from the AIPPI Congress in Rio de Janeiro

    October 21, 2015

    Managing IP's team were among the 1600 IP practitioners in Rio de Janeiro for the AIPPI Congress last week. From the plenary voting room to the beach, here are a few memories

  • Interview: Sarah Matheson, AIPPI Reporter General

    October 12, 2015

    In an interview with the AIPPI Congress News, Reporter General Sarah Matheson provides a guide to what’s happening during this week’s Congress

  • Australia takes genetic material patenting ban even further

    October 09, 2015

    In a decision that may introduce uncertainties into how patentability is determined, the Australia High Court has ruled that isolated genetic material is not patentable in a decision that appears to go even further than the US Supreme Court's decision in Myriad

  • Top IP judges discuss role of judiciary in promoting business

    August 27, 2015

    Getting it right or making it predictable? That's one of the big challenges that IP judges face when deciding cases

  • Should Congress amend Section 101?

    June 22, 2015

    A year on the from the Alice decision, many IP practitioners feel that Section 101 is in a state of ruin. Speakers at the BIO International Convention put forward proposals for Congress to overhaul the much-maligned section

  • Myriad - Australia edition

    June 16, 2015

    Australia’s High Court held oral arguments today on the issue of whether an isolated gene is patentable

  • Australia High Court to tackle Myriad

    February 13, 2015

    The Australia High Court will look into the patentability of isolated genetic molecules

  • Myriad settles BRCA litigation following Federal Circuit ruling

    January 29, 2015

    Myriad Genetics has settled litigation with three of the laboratories it accused of infringing patents on two genes associated with breast and ovarian cancer, following a Federal Circuit ruling last month confirming some of its claims were patent ineligible

  • Australia: Court upholds patents to isolated genes

    September 26, 2014

  • Australia’s Full Federal Court rules on Myriad patent

    September 12, 2014

    In a decision that directly addresses the US Supreme Court’s Myriad decision last year, Australia’s Full Federal Court held that Myriad’s patent for an isolated gene is patentable

  • “Chilling effect” of Mayo and Myriad affecting patent applications

    July 01, 2014

    Legal specialists at the BIO conference in San Diego discussed two recent Supreme Court decisions and the subsequently issued USPTO guidance, expressing concerns about the determination of patent eligibility and what it means for future innovation. Marion Webb reports

  • Is Myriad spiralling out of control?

    June 02, 2014

    USPTO guidance for determining subject matter eligibility in claims resulting from laws of nature in the wake of the Supreme Court’s Myriad decision has caused high concern. Some believe a court challenge is likely if the agency does not change its policy. Michael Loney and Alli Pyrah introduce the debate

  • Court challenge “likely” if USPTO doesn’t change post-Myriad guidance

    April 28, 2014

    Following the USPTO’s announcement that it will review its post-Myriad examiner guidance, patent lawyers say that a court challenge is likely if the agency does not change the policy

  • Guest post: Sherry Knowles responds to USPTO comments on new Myriad guidelines

    April 24, 2014

    Sherry Knowles of Knowles Intellectual Property Strategies responds to the USPTO's explanation of its controversial Myriad guidelines in a guest article

  • In defence of the USPTO’s Myriad guidelines

    April 08, 2014

    The USPTO stepped into a minefield last month when it issued guidance following the Supreme Court’s Myriad decision. Many IP practitioners reacted with horror to what they saw as dangerous guidance that could mean drugs that are derived from natural products are not patentable. It is possible to feel some sympathy for the USPTO’s position, however

  • USPTO responds to criticism of post-Myriad guidelines

    March 31, 2014

    The USPTO has responded to criticism of its post-Myriad guidelines on patent eligibility in an interview with Managing IP by saying its position is an accurate reflection of the Supreme Court’s interpretation of the law. It also revealed it is planning a public roundtable to get feedback that could lead to updated guidance

  • IP Clinic: How is Myriad affecting IP practitioners?

    March 27, 2014

    What has been the reaction to the USPTO’s guidelines on the AMP v Myriad Genetics decision from the US Supreme Court?

  • IP practitioners “horrified” by USPTO guidelines on Myriad

    March 27, 2014

    This month’s USPTO guidance for determining subject matter eligibility in claims resulting from laws of nature in the wake of the Supreme Court’s Myriad decision has caused high concern among IP practitioners, according to a life science panel at the US Patent Forum in Washington DC on March 25

  • US politician calls for mandatory licensing on Myriad’s cancer tests

    July 18, 2013

    A senior politician has called for the US government to force genetics company Myriad to license its patents to ensure greater public access to testing for breast and ovarian cancer

  • Myriad sues competitors for infringing genes patents

    July 15, 2013

    Myriad is suing two competitors for allegedly infringing its patents on genes that can help to detect cancer, despite a ruling by the Supreme Court that human genes are ineligible for patent protection

  • Supreme Court rules naturally occurring DNA is patent ineligible

    June 13, 2013

    The Supreme Court delivered a mixed ruling in the Myriad case today, finding that some parts of the biotech company’s patents on genes linked to breast and ovarian cancer can be patented while others cannot

  • Myriad case leans towards compromise

    May 28, 2013

  • AIPLA President’s blog: Angelina Jolie, breast cancer and Myriad

    May 20, 2013

    The New York Times on Tuesday May 14 contained an op-ed by Angelina Jolie, the actress and director. In it she discloses that she has a family history of breast cancer and that she decided to have a double mastectomy before cancer developed. I have written about this as a patent issue in the past, talking about the Myriad case before the United States Supreme Court, but Ms Jolie’s op-ed puts a personal and familiar face to the problem of genetic issues and patent protection.

  • Myriad quizzed by Supreme Court justices

    April 16, 2013

    In a landmark case with sweeping repercussions for medical research that's being closely watched around the globe, the US Supreme Court on Monday heard oral arguments on the patent eligibility of human genes

  • ACLU files brief in Myriad case

    January 25, 2013

    The ACLU and PubPat have filed their brief urging the Supreme Court to reverse the Federal Circuit’s decision upholding Myriad Genetics' gene patents

  • Why Myriad case could jeopardise patents on genes

    December 10, 2012

    Thousands of granted US patents relating to human genes may be in danger as a result of the Supreme Court’s decision to review the Myriad case

  • US Supreme Court to clarify patent eligibility of genes

    December 03, 2012

    The Supreme Court of the United States agreed on Friday to hear the Myriad case, which could provide much-needed clarification on the patent eligibility of genes

  • Rader: "We have to guess at what standards to use"

    October 27, 2012

    The Chief Judge of the U.S. Court of Appeals for the Federal Circuit is worried about the direction the country’s IP system is going in. Randall Rader tells Eileen McDermott why, and what can be done about it

  • From State Street to CLS: US patent eligibility law in review

    October 15, 2012

    Last week, the Federal Circuit ordered a rehearing en banc of CLS Bank v Alice in the latest attempt to provide much-needed clarification on what constitutes patent-eligible subject matter in the US

  • Myriad petition highlights debate over subject-specific eligibility rules

    October 01, 2012

    As the Myriad plaintiffs make their second attempt at Supreme Court review, uncertainty over US patent eligibility law is causing some to wonder whether industry or subject matter-specific standards should be imposed by courts. Eileen McDermott investigates

  • Second win for Myriad as Federal Circuit stands firm on gene patent ruling

    August 16, 2012

    Biotech company Myriad, which owns US patents covering the isolation and detection of the BRCA1 and BRCA2 genes, has won a second victory at the US Court of Appeals for the Federal Circuit

  • Myriad gene patent case sparks concern among non-medical biotech companies

    June 13, 2012

    Twenty-three companies have sent a joint letter to the attorney general and solicitor general of the United States to ask that their concerns be considered as the government develops its position on the Myriad gene patent case

  • Why Prometheus will have little effect on Myriad

    March 26, 2012

    The US Supreme Court today granted cert in Association for Molecular Pathology v Myriad Genetics, vacating the judgment and remanding the case to the Federal Circuit

  • Will the Supreme Court rule on gene patents?

    December 12, 2011

    The Association for Molecular Pathology has asked the US Supreme Court to consider whether isolated DNA sequences are patentable under US law

  • Federal Circuit keeps Myriad standing question open

    September 15, 2011

    The Court of Appeals for the Federal Circuit yesterday denied the plaintiffs’ request for rehearing in their case against the USPTO and Myriad Genetics, but kept the diagnostic company’s petition for rehearing over standing

  • Myriad ruling muddied by ACLU petition

    August 30, 2011

    A petition for rehearing by the Federal Circuit filed last week by the plaintiffs in the Myriad case reveals how the court’s analysis could further complicate the landscape for gene patents

  • Myriad ruling is a signal to the Supreme Court

    August 11, 2011

    The Federal Circuit’s recent decision in the Myriad gene patent case could be a signal to the Supreme Court to take up the case, said one speaker during a webcast held yesterday

  • Lawyers react to Myriad decision

    August 01, 2011

    Friday’s much anticipated decision in Association for Molecular Pathology v the USPTO and Myriad Genetics came as a relief to those who feared an outcome that would undo “essential building blocks” of the biotech industry, said patent lawyers

  • Myriad plaintiffs remain hopeful despite court setback

    August 01, 2011

    Despite the Federal Circuit finding that isolated DNA sequences are patent eligible, plaintiffs’ counsel Dan Ravicher has dubbed the Myriad case “a good decision for us”

  • Myriad mostly vindicated – for now

    July 29, 2011

    The Federal Circuit ruled today in Association for Molecular Pathology v the USPTO and Myriad Genetics that isolated DNA sequences are patent eligible, setting the stage for a Supreme Court battle over gene patents

  • Federal Circuit dissects Myriad arguments

    April 05, 2011

    The judges’ questioning in Association for Molecular Pathology v the USPTO and Myriad Genetics yesterday seemed to lean slightly in favour of Myriad, according to those attending the oral argument

  • US government parts with USPTO on gene patents

    November 04, 2010

    In a surprise move, the US Department of Justice (DOJ) has broken with the USPTO's view that isolated DNA sequences should be patent-eligible

  • Analysis: Discerning the Myriad claims

    November 04, 2010

    Professor Christopher Holman dissects the claims behind the Myriad case

  • Ravicher attacks Myriad over BRCA patents

    September 23, 2010

    Dan Ravicher of the Public Patent Foundation this week claimed his actions “help the patent system maintain credibility for society” in a debate over his pending patent dispute with Myriad Genetics

  • Patent leaders weigh in on gene patents at BIO

    May 06, 2010

    The Myriad gene patent case was the highlight of the IP law sessions held at the 2010 BIO International Convention in Chicago this week

  • Gene patent ruling rocks biotech community

    March 31, 2010

    A US district court has invalidated seven patents on human genes in part based on the Federal Circuit’s ruling in In re Bilski


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