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Author: Allison Williams Dobson

Prometheus Patents Struck Down, 9-0: Mayo Collaborative Services v. Prometheus Laboratories, Inc. Analysis

In a strong rebuke to the Federal Circuit, a unanimous U.S. Supreme Court held (pdf), on March 20, 2012, that Prometheus Laboratories’ claims to methods of administering drugs to treat gastrointestinal autoimmune diseases do not meet the patentable subject matter standard of section 101 of the Patent Act.  The representative claim quoted by the Court recites, […]

Analyzing The America Invents Act

The America Invents Act (pdf) (AIA), which was signed into law by President Obama on Friday, September 16, 2011, represents the first major legislative adjustment to the U.S. patent system in decades (see previous coverage). Many changes are included in the 37 sections of this bill, and they will not all take effect at the […]

Classen: Has the Federal Circuit Lost Interest in Patentable Subject Matter?

Allison Williams Dobson is an attorney, scientist and lecturer in the Norfolk, Virginia area and is a regular GLR contributor. But First: The Federal Circuit Has Denied the Plaintiff’s Motion for Rehearing in Myriad: This week, the Federal Circuit issued a one-word order—“Denied”—turning down both parties’ requests for rehearing by the three-judge panel that decided that case […]

More News on DNA in Forensics

We recently noted that DNA profiling has greater public approval in the UK than in America. The UK presently operates the largest DNA database in the world with over 5 million profiles. Nevertheless, that country has just taken a giant step in the opposite direction. New civil liberties legislation, dubbed “the freedom bill,” will require […]

Recent Developments in Forensic DNA

The use of DNA in forensics continues to expand. Last year, James Cass reviewed the current system of forensic DNA profiling in the U.S., including CODIS (the Combined DNA Index System, the FBI’s integrated DNA profiling program), the controversial practice of partial/familial searching, and calls from President Obama and others to collect DNA profiles for […]

Swine Still Soaring: Federal Circuit Judge Expresses Sympathy for Myriad Analysis

Back in March, we headlined our discussion of the district court judgment in the Myriad case “Pigs Fly.” Guess what?—they’re still aloft. On August 4, in a highly technical patent case that, appropriately enough, involved “porcine virus DNA,” one Federal Circuit judge—dissenting Judge Timothy B. Dyk—suggested that he might agree with the basic principle of […]

WARF Reexamination Takes Another Bite Out of Biotech Patents

Two months ago, the Myriad gene patent litigation generated a slew of national and international coverage. We said, “Pigs Fly: Federal Court Invalidates Myriad’s Patent Claims.”  “Is the DNA patent dead?” asked CNN. Wired (apparently answering CNN) declared the “End of Gene Patents Will Help Patients, Force Companies to Change.” Everyone, it seemed, either had an […]

The Texas Newborn Blood Spot Saga Continues

Contributed by Allison Williams Dobson of the Center for Genomics and Society at the University of North Carolina at Chapel Hill. The Texas Department of State Health Services (DSHS) could soon face a new federal lawsuit in light of the discovery that it sent 800 anonymous newborn blood samples to a U.S. military DNA lab in […]

NCI’s New BRCA1 Test: Broader Utility and Another Challenge to Traditional Genetic Tests

Contributed by Allison Williams Dobson of the Center for Genomics and Society at the University of North Carolina at Chapel Hill. As reported last week by GenomeWeb, on September 21, 2009, a team led by Shyam Sharan from the National Cancer Institute (NCI) published the development of a new BRCA1 test based on mouse embryonic […]