Subscribe to the IP Headline RSS feed | Subscribe to the IP Headline feed via EmailBNA INSIGHTS: Genetic Sequences: Patentable or Not?
June 25, 2010 in Patent Trademark & Copyright Journal · Leave a Comment
On March 29, Judge Robert Sweet of the U.S. District Court for the Southern District of New York issued his opinion in Association for Molecular Pathology v. U.S. Patent and Trademark Office, No. 09 Civ. 4515, 94 USPQ2d 1683 (S.D.N.Y. March 29, 2010 (as amended on April 2 and 5, 2010)) (79 PTCJ 661, 4/2/10) (“Myriad”). The plaintiffs in the matter were various nonprofit advocacy organizations, research and scientific institutions, and a number of individuals who suffered from, or were at risk for, breast or ovarian cancers.
The plaintiffs challenged the validity of numerous patents (5,747,282; 5,837,492; 5,693,473; 5,709,999; 5,170,001, 5,753,441; and 6,033,857) owned by defendants Myriad Genetics and the University of Utah Research Foundation. The patents at issue claimed certain methods and processes based on…
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