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The Supreme Court should be mindful of naturally derived products other than nucleic acids when deciding Myriad

The following contribution to our gene patenting symposium come from Susan McBee and Bryan Jones. Ms. McBee is the Chair of the Life Sciences Intellectual Property Team for Baker, Donelson, Bearman, Caldwell, and Berkowitz, P.C. Bryan Jones is a registered patent attorney in the Washington D.C. office of Baker, Donelson, Bearman, Caldwell, and Berkowitz, P.C.   In April, …

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Another case of certiorari improvidently granted

The following contribution to our gene-patenting symposium comes from Christopher M. Holman, Associate Professor of Law at the University of Missouri Kansas City School of Law. In 2005, the Supreme Court granted certiorari in Laboratory Corp. v. Metabolite Laboratories to decide the patent eligibility of a patent claim broadly directed towards the clinical application of …

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An antidote to the politics of the human gene patenting debate

The following contribution to our gene patenting symposium comes from Kevin Noonan, a partner at McDonnell Boehnen Hulbert & Berghoff LLP. It is one of the misfortunes of the human gene patenting debate that there has been precious little discussion of patent law (at least from those opposing gene patents).  Admittedly, patent law is an …

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Questions that will remain unanswered from the Myriad case

Posted Wed, February 6th, 2013 10:38 am by Robert Cook-Deegan The following contribution to our gene patenting symposium comes from Robert Cook-Deegan, Research Professor, Institute for Genome Sciences & Policy and Sanford School of Public Policy, Duke University.  Association for Molecular Pathology v. Myriad Genetics is not your usual patent lawsuit.  I come to it …

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A conversation between the Supreme Court & the Federal Circuit

The following contribution to our gene patenting symposium comes from Robin Feldman, Professor of Law at UC Hastings College of the Law, specializing in Intellectual Property. She has published two books, Rethinking Patent Law (Harvard 2012) and The Role of Science in Law (Oxford 2009).  This essay is adapted from A Conversation On Judicial Decision-Making, and Whose Body. …

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The “runcible” product of nature doctrine

The following contribution to our gene patenting symposium comes from Dan L. Burk, Chancellor’s Professor and founding faculty member at the University of California, Irvine School of Law. In April the Court will hear oral argument in Association for Molecular Pathology v. Myriad Genetics on the single question, “Are human genes patentable?”  At issue in …

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Patentable subject matter at the Supreme Court: An exceptional case?

The following contribution to our gene patenting symposium comes from Arti K. Rai, Elvin R. Latty Professor of Law, Duke Law School and Duke Institute for Genome Sciences & Policy.  From 2009-2010, Rai served as the USPTO Administrator for Policy and External Affairs. In three of the past four Terms, the Supreme Court has taken …

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