Tag Archives: biotechnology

Senator Leahy Urges NIH to Exercise “March-in” Rights on Myriad’s Tests

The Bayh-Dole Act of 1980 grants universities the right to elect to take title in any patent application and patent that was made by their researchers with the support of the Government, e.g., NIH. 35 USC s. 200 et seq. This … Continue reading

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Patentability Issues for Plants in the EPO

While this decision from the EPO Technical Board of Appeal raises more questions than it answers, it does a very good job of framing the issues and uncertainty regarding the patentability of plants in the EPO. The claim was to … Continue reading

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Wyeth v. Abbott Labs. – Picking Plaintiff’s Poison

In July of 2011, I wrote a post for this blog on BSC v. J&J, a Fed. Cir. decision in which four J&J patents claiming stents eluting rapamycin, a drug that inhibits restenosis after balloon angioplasty, were held invalid for … Continue reading

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Supreme Court Rules In Myriad On Patentability Of DNA

Today, the Supreme Court ruled that a naturally occurring DNA sequence is a product of nature, and not patent-eligible simply because it has been “isolated.” (A copy of the ruling can be found at the end of this post.) However, the … Continue reading

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