Robinson Bradshaw

Topic: USPTO

Pigs Fly: Federal Court Invalidates Myriad’s Patent Claims

Late on the afternoon of Monday, March 29, 2010, Judge Robert W. Sweet of the United States District Court for the Southern District of New York issued a jaw-dropping summary judgment ruling (pdf) in Association for Molecular Pathology v. USPTO that invalidates certain of Myriad Genetics’ patents related to the BRCA 1 and 2 breast […]

SACGHS Gene Patent Recommendations Still Controversial

The Secretary’s Advisory Committee on Genetics, Health and Society (SACGHS) for the Department of Health and Human Services (HHS) convened again on Friday for a snow-shortened session. One of several items on the Committee’s agenda was a report that the GLR has covered several times (see here and here): Gene Patents and Licensing Practices and […]

Final Words from the Sidelines as Courtroom Arguments Begin in Gene Patent Litigation

Yesterday, on the eve of summary judgment arguments in the Myriad case, The Boston Globe editorialized—strongly—against patenting isolated genes. This is an issue in which the Globe has a natural interest, given the concentration of biotech companies in and around Boston. The Globe’s editorialists may or may not be right on the merits, but they […]

Myriad Genetics, USPTO File Summary Judgment Motions in Gene Patent Case

Two of the defendants in Association for Molecular Pathology v. U.S. Patent and Trademark Office, the frontal attack on Myriad Genetics’ breast cancer gene patents organized by the American Civil Liberties Union, have now filed their own summary judgment motions. (Click through to read the memorandum in support of Myriad Genetics’ motion (pdf) filed on December […]

Protecting the Name

A great invention deserves a great name. When the time comes to market your game-changer, you can be sure of two marketing realities: copiers will race to build similar products, and purchasers will reward the product they remember. These two truths lie behind the adoption of the trademark iPhone® to identify Apple Inc.’s unique combination […]

Provisional Patents: A (Temporary) First Step

Any entrepreneur is likely to be euphoric when her company discovers a novel and potentially valuable genomic invention that may be protectable by a patent. But when the celebrations start to fade, difficult decisions will remain about how to protect and exploit the intellectual property rights associated with the invention. A company may protect its […]

A Court Ruling in the ACLU v. Myriad Gene Patent Litigation, But We’re Still A Long Way From A Gene Patent Resolution

For nearly six months the Genomics Law Report has been covering the developments in the ACLU-instigated lawsuit against Myriad Genetics, the University of Utah and the U.S. Patent and Trademark Office (USPTO). In late July, Myriad and its co-defendants filed motions to dismiss the lawsuit. Yesterday, Judge Robert W. Sweet of the Southern District of […]

Duke Finds a Second Alzheimer’s Gene—What Does It Mean?

The recent discovery of a gene linked to Alzheimer’s disease provides a timely context for revisiting the significance of gene patents. Researchers at Duke University Medical Center recently announced that they have identified a second gene (called TOMM40) associated with an increased risk of late-onset Alzheimer’s, which affects people over the age of 65. A […]

Whole-Genome Sequencing and Gene Patents Coexist (For Now)

In a recent post, John Conley analyzed the ACLU’s lawsuit challenging Myriad Genetics’ patents on the BRCA-1 and BRCA-2 “breast and ovarian cancer susceptibility” genes. Several readers responded with the same general inquiry: if an individual undergoes a whole-genome sequence analysis, will the individual (or the company providing the sequence) be required to pay royalties to […]

ACLU v. Myriad Genetics: Defendants Move to Dismiss

The US Patent and Trademark Office, the University of Utah and Myriad Genetics have all filed motions seeking to dismiss the ACLU’s high-profile lawsuit attacking the patentability of genes (pdfs: USPTO Memorandum; Myriad/Utah Memorandum). In alleging that the plaintiffs lack standing to bring the lawsuit — a common procedural tactic in litigation — Myriad does not […]