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Archive for the ‘Supreme Court’ Category

Isolated DNA Unpatentable but cDNA Patentable, Holds Supreme Court

Ass’n for Molecular Pathology v. Myriad Genetics
By Alex Shank – Edited by Kathleen McGuinness

In a unanimous decision, the Supreme Court held that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.” However, “cDNA is patent eligible because it is not naturally occurring.” Id. The Court thus affirmed in part and reversed in part the Court of Appeals for the Federal Circuit’s prior opinion upholding the patent eligibility of isolated DNA.

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Posted On Jun - 25 - 2013 Comments Off READ FULL POST

Supreme Court Reaffirms Driver Privacy

Maracich v. Spears
By Natalie Kim – Edited by Mary Grinman

On Monday, the Supreme Court held that the “litigation exception” of the Driver Privacy Protection Act (“DPPA”) did not apply to attorney solicitation of clients, vacating a decision of the 4th Circuit. On remand, the lower court must determine whether Spears’ communications were sent with “the predominant purpose of solicitation.”

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Posted On Jun - 23 - 2013 1 Comment READ FULL POST

The Way the Cookie Crumbles: “Metaphorical” Arguments Before The Supreme Court on the Patentability of Genes

Ass’n for Molecular Pathology v. Myriad Genetics, Inc.
By Alex Shank – Edited by David LeRay

On Monday, April 15, the Supreme Court heard oral arguments to determine the validity of a patent encompassing the use of the BRCA1 and BRCA2 genes. Mutations in these genes correlate strongly with the development of breast and ovarian cancers. As the patent owner, Myriad Genetics, Inc. (“Myriad”) possesses and exercises the exclusive right to sell diagnostic testing kits based on these genes.

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Posted On Apr - 29 - 2013 Comments Off READ FULL POST

Supreme Court Holds that “Dog Sniffing” in Area Around the Home Constitutes a Fourth Amendment “Search”

Florida v. Jardines
By Mary Grinman – Edited by Geng Chen

In a 5–4 decision, the Supreme Court of the United States affirmed the Supreme Court of Florida, which had held that the use of a trained narcotics dog to inspect the area immediately surrounding Joelis Jardines’s home, including his porch, constituted a Fourth Amendment “search.”

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Posted On Apr - 4 - 2013 1 Comment READ FULL POST

Supreme Court Hears Oral Arguments on Reverse Payments to Generic Drug Manufacturers

FTC v. Actavis, Inc.
By Suzanne Van Arsdale – Edited by Jennifer Wong

On Monday, March 25, the Supreme Court heard oral arguments in FTC v. Actavis, Inc., to determine the legality, under antitrust laws, of patent litigation settlements made by the maker of a brand-name drug to the maker of a generic competitor to keep the generic off the market temporarily, known as a “reverse payment agreement” or “pay for delay.”

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Posted On Apr - 3 - 2013 Comments Off READ FULL POST
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