In Roche Molecular Systems, Inc. v Cepheid, (Slip Op. 2017-1690, October 9, 2018), the Federal Circuit held that patent claims directed to primers and methods of detecting pathogenic bacteria using the primers are invalid for failing to claim patent-eligible subject matter. The decision summarizes this panel’s current thinking on the patent-eligibility of unmodified polynucleotides and … Continue reading this entry
Tags: 35 U.S.C. 101, Assn. Molec. Path. et al. v. USPTO et al., Companion Diagnostics, Diagnostic Method Claims, Diagnostic Test, Gene Patenting, Personalized Medicine, Section 101, Subject Matter Patent Eligibility, USPTO
In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd, Slip Op. (Nos. 2016-2707, 2016-2708, April 13, 2018) the U.S. Court of Appeals for the Federal Circuit provided useful guidance for patentees seeking to survive a patent-eligibility challenge under Section 101.… Continue reading this entry
Tags: 35 U.S.C. 101, Assn. Molec. Path. et al. v. USPTO et al., Myriad, Patent Eligibility, Personalized Medicine, Prometheus, Subject Matter Patent Eligibility
On February 15, 2018, representatives Eric Swalwell (CA-15), John Shimkus (IL-15), Scott Peters (CA-52), Erik Paulson (MN-03), and Juan Vargas (CA-51), introduced the Advancing Access to Precision Medicine Act (H.R. 5062)(“Bill”) to “provide a study by the National Academy of Medicine on the use of genetic and genomic testing to improve health care, and for other purposes.” (Bill, … Continue reading this entry
Tags: Genetic Test, Genetic Testing, Personalized Medicine, Personalized Medicine Coalition
In Stanford University v. The Chinese University of Hong Kong (Fed Cir. No 2015-2011, June 27, 2017), the Federal Circuit vacated and remanded interference decisions on the ground the Patent Trial and Appeal Board (“Board”) applied the incorrect standard in determining whether a patent specification satisfies the written description requirement. The decision is interesting because it … Continue reading this entry
Tags: Personalized Medicine
Fifteen members of Congress have asked the Department of Health and Human Services (HHS) and the Medicare Payment Advisory Commission (Medicare) to examine how the federal government can help improve patient access to genetic testing. In a March 7, 2017 letter to Secretary Price of HHS and Dr. Crosson, Chairman of Medicare, the congressmen seek a … Continue reading this entry
Tags: Genetic Test, Genetic Testing, Personalized Medicine
In Life Technologies Corp. v. Promega Corp., Slip Op. 14-1538 (Feb. 22, 2017), the U.S. Supreme Court held that the supply of a single component of a multicomponent invention for manufacture abroad does not give rise to liability under 35 U.S.C. § 271(f)(1). The Court’s decision is important for manufacturers of kit components and those that … Continue reading this entry
Tags: Diagnostic Method Claims, Genetic Testing, Personalized Medicine
On January 13, 2017, the U.S. Food and Drug Administration (FDA) issued a Discussion Paper on Laboratory Developed Tests (LDTs) (LDTs) (Discussion Paper). The Discussion Paper follows FDA’s late 2016 announcement that, contrary to the Agency’s earlier reports, it would not issue a final guidance on its proposed oversight of LDTs to allow “for further … Continue reading this entry
Tags: 35 U.S.C. 101, Genetic Test, U.S. Food and Drug Administration (FDA)
The Personalized Medicine Coalition (PMC) recently reported that for the third year in a row, personalized medicines accounted for more than 25% of all new molecular entities (NMEs) approved by the US Food & Drug Administration (FDA). Personalized Medicine at FDA, 2016 Progress Report (Report). Personalized medicines are new drugs, agents or therapeutic biologics where … Continue reading this entry
Tags: Companion Diagnostics, FDA, Genetic Testing, U.S. Food and Drug Administration (FDA)
Last week the United States Supreme Court denied Sequenom’s petition to review the Federal Circuit’s holding in Sequenom Inc. v. Ariosa Diagnostic Inc., 788 F.3d 1371 (2015) that claims directed to detecting fetal DNA in maternal blood were invalid for failing to recite patent eligible subject matter. Therefore by default, the Court let stand the … Continue reading this entry
Tags: 35 U.S.C. 101, Assn. Molec. Path. et al. v. USPTO et al., Diagnostic Method Claims, Personalized Medicine, Section 101, Subject Matter Patent Eligibility
The United States Supreme Court is set to render its decision on the grant or denial of Sequenom, Inc.’s (“Sequenom’s”) petition for writ of certiorari that posed the issue: Whether a novel method is patent-eligible where: (1) a researcher is the first to discover a natural phenomenon; (2) that unique knowledge motivates him to apply … Continue reading this entry
Tags: 35 U.S.C. 101, Diagnostic Test, Genetic Testing, Patent Eligibility, Personalized Medicine, Section 101, Subject Matter Patent Eligibility
GUEST POST BY Vicki Albrecht, Ph.D., Senior Vice President and General Manager of ION Solutions Fueled by technological advances, scientific breakthroughs and significant financial investments, precision medicine (PM) has emerged as a promising approach to disease prevention and treatment. A multi-faceted solution to patient care, PM can improve patient outcomes and increase the effectiveness of … Continue reading this entry
Tags: Diagnostic Test, Genetic Testing, Personalized Medicine, Precision Medicine Initiative
In Genetic Techs Ltd v Merial LLC (Fed. Cir., April 8, 2016), the Federal Circuit invalidated yet another diagnostic patent for failing to satisfy 35 U.S.C. § 101 on the ground that the claims recite nothing more than a law of nature. The claim’s recitation of the term “to detect the allele” was insufficient to … Continue reading this entry
Tags: 2014 Patent-Eligibility Guidance, 35 U.S.C. 101, Companion Diagnostics, Gene Patenting, Genetic Testing, Personalized Medicine, Prometheus, Section 101, Subject Matter Patent Eligibility
Personalized medicine can be described as the science of targeted therapies. Advances in diagnostic and molecular medicine have made it possible to more precisely identify alternative treatment options for patients based on their unique genetic or clinical profiles. According to an article published by the FDA in the spring of 2015 (FDA Continues to Lead … Continue reading this entry
Tags: Gene Patents, Genetic Testing, Personalized Medicine, Personalized Medicine Coalition
Guest Post By: Perry Dimas, Senior Vice President and General Manager for Premier Source, part of AmerisourceBergen The 2015 Business of Personalized Medicine Summit was an inspiring day with talented professionals. One key takeaway was that while diagnostics hold the promise of getting the right medicine to the right patient at the right time, much … Continue reading this entry
Tags: Companion Diagnostics, FDA, Genetic Testing, Personalized Medicine, U.S. Food and Drug Administration (FDA)
Diagnostic medicine is experiencing new challenges at the USPTO and the U.S. Food and Drug Administration (FDA). Under a new FDA proposal, laboratory developed test providers, previously exempt from FDA oversight, must now consider if their diagnostic test may be subject to FDA oversight, either as a moderate risk (Class II) or high-risk (Class III) … Continue reading this entry
Tags: Companion Diagnostics, FDA, Genetic Testing, Personalized Medicine, U.S. Food and Drug Administration (FDA), USPTO
Personalized medicine relies on diagnostic technologies to accurately evaluate a patient’s clinical or genetic signature to guide treatment decisions. Protecting innovation by patenting the diagnostic methods and tools that inform clinical intervention and treatment has been the traditional means to protect investment in these important technologies. Recent U.S. Supreme Court decisions have challenged inventors’ ability … Continue reading this entry
Tags: 35 U.S.C. 101, Companion Diagnostics, Diagnostic Method Claim, Genetic Testing, Personalized Medicine, Prometheus, Subject Matter Patent Eligibility, USPTO
Just as with patient treatments, one size does not fit all when it comes to companies involved in personalized medicine. Each is unique in its mission, culture, and capabilities, so it should come as no surprise that each demands a distinct business strategy that can evolve alongside the industry. The annual Business of Personalized Medicine … Continue reading this entry
Tags: Diagnostic Method Claims, Genetic Testing, Personalized Medicine
The Food and Drug Administration (“FDA”) announced a workshop to be held February 20th, 2015, entitled “Optimizing FDA’s Regulatory Oversight of Next Generation Sequencing Diagnostic Tests” to obtain public input regarding its regulation of next generation sequencing (“NGS”). Specifically, the agency seeks public comment and feedback on the issues and questions raised in its discussion … Continue reading this entry
Tags: Companion Diagnostics, FDA, Genetic Tests, Personalized Medicine, U.S. Food and Drug Administration (FDA)
Just last week, the USPTO released its revised subject matter eligibility guidance (2014 Interim Guidance on Patent Subject Matter Eligibility “Interim Guidance” reviewed in my prior post of December 16th, 2014). The Interim Guidance replaced the March 2014 Guidance that was much-criticized for its expansive application of U.S. Supreme Court jurisprudence relating to the judicial … Continue reading this entry
Tags: 2014 Interim Guidance, 35 U.S.C. 101, Assn. Molec. Path. et al. v. USPTO et al., Diagnostic Method Claims, Gene Patent, Genetic Testing, Isolated DNA Claims, Myriad, Section 101, Subject Matter Patent Eligibility, USPTO
Canada has joined the gene patenting debate. Children’s Hospital of Eastern Ontario (“Children’s”) sued the University of Utah Research Foundation, Genzyme Genetics, and Yale University (“Defendants”) in Canada’s Federal Court asserting that 5 patents[1] assigned to Defendants (collectively the “Long QT Patents”) for compositions and methods useful in the diagnosis and/or assessment of Long QT syndrome … Continue reading this entry
Tags: 35 U.S.C. 101, Gene Patenting, Genetic Testing, Personalized Medicine, Section 101, Subject Matter Patent Eligibility
On October 6, 2014, the U.S. Court of Appeals for the Federal Circuit entertained oral argument in the interlocutory appeal of the district court’s denial of Myriad’s motion for preliminary injunction against Ambry Genetics. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. If you missed oral argument, the … Continue reading this entry
Tags: 35 U.S.C. 101, Diagnostic Method Claim, Diagnostic Method Claims, Gene Patenting, Myriad, Patent Eligibility, Personalized Medicine, Section 101, Subject Matter Patent Eligibility
Low cost sequencing of a patient’s genome and advances in the interpretation of a patient’s genetic information is promised to transform the delivery of health care. To date, much of personalized medicine has focused on the use of genetics and data analytics to match a patient to the best treatment, especially in the area of … Continue reading this entry
Tags: Personalized Medicine
On Monday, October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test Patent Litigation, Case Nos. 14-1361, -1366. In the words of Myriad “[t]his appeal … presents this Court with one of the … Continue reading this entry
Tags: 35 U.S.C. 101, ACLU, Assn. Molec. Path. et al. v. USPTO et al., Companion Diagnostics, Genetic Testing, Myriad, Patent Eligibility, Subject Matter Patent Eligibility
The United States Patent and Trademark Office (USPTO) published its examiner training materials (Training Materials) for applying “2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products” (Guidance), that advised U.S. patent examiners and the public of the factors for determining whether a patent claim satisfies the … Continue reading this entry
Tags: Myriad, USPTO
Posted in Genetic Testing; Personalized Medicine
