Related to With Briefs Due June 15, Myriad Fires First Shot in Circuit Rematch Over Gene Patenting

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• Federal Circuit Holds that Methods of Optimizing Drug Efficacy Are Patentable
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• Opening Up the Lines of Communication at the Patent Office
  Changes to the count system, which tracks examiners’ workflow, grant them one more hour to conduct interviews.
  
• Part 1—The U.S. International Trade Commission and Intellectual Property
  Advantages of going to the ITC over U.S. courts include speedy resolutions and remedies that prohibit infringers from the entire U.S. market.
  
• Part 2—Tips for Biotech/Pharma Complainants and Respondents When Going to the ITC
  Going to the ITC provides needed tools like foreign discovery that are not available in a district court.
  
• Court Confirms “Separate” Written Description Requirement
  Decision draws more scrutiny to the validity of broad claims and impacts the decision on when to file an application.
  
• FTC Challenges to Patent Settlements Entering a New Stage
  Recent rulings suggest that the FTC will need to act against these settlements within the framework of existing case law.
  
• Stanford v. Roche Could Place Tech Transfer on Shaky Ground
  If Supreme Court doesn’t overturn previous decision, patent ownership may become tough to verify and impede licensing.
  
• Europe Awaits Decision on Patents, hESCs, and Morality
  Advocate General delivered opinion siding with Greenpeace, and CJEU follows the AG’s opinion 80% of the time.
  
• Supreme Court Decision in Stanford v. Roche Does Not Change Bayh-Dole
  The ruling does, however, make it clear that institutions will have to spell out how inventions can be assigned.
  
• Therasense v. Becton Dickinson Ruling Expected to Limit Inequitable Conduct Cases
  Becton has until August 23 to file an appeal with the U.S. Supreme Court.
  
• Implementation of European Court Decision to Ban hESC Patents Depends on National Patent Offices
  Stakeholders are concerned that member states could interpret the court’s ruling differently.
  
• Federal Circuit Takes Up En Banc Joint Infringement of Method Patents
  Oral arguments begin today on two separate cases, which don’t involve biotech firms but will affect the industry.
  
• Enzo Sues Roche, Gen-Probe, and Life Technologies in Patent Infringement Case
  Patent under dispute expires in 2023, and defendants plan on fighting the lawsuit.
  
• 7 Biotech Trends for the Coming Year
  What does 2013 hold for the industry?
  
• Prometheus and Myriad Case Outcomes Will Help Shape the Future for MDx Businesses
  Courts’ current decisions suggest that special attention will need to be paid to performing and claiming transformative steps in biomarker-based tests.
  
• Lawyers Offer Predictions for Myriad, Diagnostic Field Based on Supreme Court’s Decision Against Prometheus
  Advice focuses on ensuring transformative steps are included in claims.
  
• With USPTO Report Near, Comments Reflect Confirmatory Diagnostic Testing Divide
  Dx makers would like to keep patent protection, but patient groups say it stifles broader access to genetic tests at lower cost.
  
• Gene Patents in Europe Relatively Stable Despite Uncertainty in the U.S.
  European law makes it clear that isolated DNA is patentable, and major changes are not expected.