New Gene Patent Rules - Pharmaceutical Technology

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New Gene Patent Rules
The US Supreme Court's Myriad decision satisfied both patient groups and patent holders. Includes bonus online coverage.


Pharmaceutical Technology
Volume 37, Issue 8, pp. 14-16

REFERENCES
1. Myriad Gentics product information, http://www.myriad.com/products/bracanalysis/, accessed on June 23, 2013.
2. The seven patents referenced in the lawsuit are U.S. Patent Nos. 5,747,282; 5,837,492; 5,693,473; 5,709,999; 5,710,001; 5,753,441; and 6,033,857.
3. M. Yoon, J.Marshall Rev. Intell. Prop. L., 9; 953, 958 (2010).
4. Plaintiffs' Compliant filed in the US District Court, Southern District of New York, http://www.aclu.org/, accessed on July 1, 2013.
5. Defendants' Memorandum in Reply to Plaintiffs' Opposition to Myriad Defendants' Motion for Summary Judgment, http://www.pubpat.org/, accessed on July 1, 2013.
6. Bilski v. Kappos, 130 S. Ct. 3218, 3225 (2010) (citing Diamond v. Chakrabarty, 447 U.S. 303, 309 (1980)).
7. Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. __, __ (2013) (Slip Opinion at page 5).
8. C. Brinckerhoff, "A Look at the Myriad Gene Patent Claims and the USPTO Memo to Examiners on Myriad", PharmaPatents blog, June 17, 2013, http://www.pharmapatentsblog.com/, accessed on July 1, 2013.
9. Association for Molecular Pathology v. The U.S. Patent and Trademark Office, 702 F. Supp.2d 181 (SDNY 2010).
10. Ass'n for Molecular Pathology v. Myriad Genetics, Inc., 132 S.Ct. 1794 (2012).
11. Association for Molecular Pathology v. Myriad Genetics, Inc. 689 F.3d 1303, 1325 (Fed. Cir. 2012), aff'd in part and rev'd in part, 133 S. Ct. 2107 (2013).
12. USPTO memorandum, http://www.uspto.gov/patents/law/exam/myriad_20130613.pdf, accessed on July 1, 2013.


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