Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Federal Circuit Finds Claims Directed to DNA Primers and Methods of Use Unpatentable
The Federal Circuit's decision in Univ. of Utah Research Found. v. Ambry Genetics Corp., 2014-1361, -1366 (Fed. Cir. Dec. 17, 2014) is the latest in the series of Myriad cases dealing with the patentability of genetic material. The U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013), held that claims drawn to isolated DNA were patent-ineligible subject matter. Ambry Genetics (Ambry) began offering BRCA1 and BRCA2 diagnostic testing kits following that decision. In July 2013, Myriad Genetics, the University of Utah Research Foundation, the Trustees of the University of Pennsylvania, HSC Research and Development LP, and Endorecherche, Inc. (collectively “Myriad” hereinafter) sought to, inter alia , enjoin Ambry and asserted infringement of six claims (from three patents) that had not previously been considered by the Federal Circuit or the Supreme Court. The Utah District Court denied Myriad's motion for a preliminary injunction and the Federal Circuit panel, Prost, Clevenger and Dyk affirmed. Circuit Judge Dyk delivered the opinion of the court.
The four composition of matter claims on appeal are directed to primers which are short, synthetic, single-stranded DNA molecules that bind complimentary target DNA and enable synthesis of DNA having all or part of the sequence of a BRCA gene in a DNA polymerase chain reaction (PCR). The two method claims on appeal involve comparison of wild-type BRCA gene sequences with the patient's BRCA gene sequence. The lower court held all six claims patent ineligible as claiming naturally occurring DNA sequences and/or abstract ideas.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.