More of a cautionary winter’s tale than a midsummer night’s dream, an Indiana farmer facing legal action from a certain biotech and chemical multinational behemoth recently reached the U.S. Supreme Court. The case is called Bowman v. Monsanto, and with all that hangs in the balance, a herbicide-resistant rose by any other name would, in [...]

Posted in Commercialization, Competition Law, Contracts, Infringement, Patentability, Patents, Technology, US
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The Myriad Genetics gene patenting saga has officially shaped international jurisprudence, with the Federal Court of Australia upholding the patents for BRCA1 and BRCA2. In Cancer Voices Australia v. Myriad Genetics, NSD643/2010, Federal Court of Australia (Sydney), the first Australian case to deal with the issue of gene patents, the Court took a similarly liberal [...]

Posted in Access to Medicines, Competition, Human Rights, IP, Patent Practice, Patentability, Patents
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The long battle in the American courts over Myriad Genetics’ patents of BRCA1 and BRCA2, the primary diagnostic genes for hereditary breast and ovarian cancer has been well-documented in the IPilogue (see coverage by Beatrice yesterday as well as previous posts here, here, and here). Now, Myriad is poised to defend their patents at the Supreme Court for a second time, with [...]

Posted in Blogs, Commercialization, Competition, European Union, Human Rights, Innovation, Patent Practice, Patentability, Patents, Regulatory Policy, Trade Secrets, US
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On November 30, 2012 the US Supreme Court agreed to hear the appeal in the case of Association for Molecular Pathology v Myriad Genetics Inc. In particular, the Court limited its grant of the appeal to the first question posed by the petitioners: “Are human genes patentable?”

Posted in Access to Medicines, Patentability, Patents, US
Comment: 1