Tech Transfer Central

Myriad: The Gene Patent Fight Continues…

Format: On-Demand Video/Transcript, or DVD
Originally presented: October 04, 2012

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Price: $197
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On August 16, the U.S. Federal Circuit Court of Appeals upheld Myriad’s right to patent “isolated” genes known as BRCA1 and BRCA2, which account for most inherited forms of breast and ovarian cancers. But the court denied the company’s effort to patent methods of “comparing” or “analyzing” DNA sequences. This latest development continues to raise concerns about the future of gene patenting and the development of gene-based diagnostics.

Attorney Kevin E. Noonan, PhD, of McDonnell Boehnen Hulbert & Berghoff LLP, notes that the decision leaves plenty of open questions and room for interpretation. What does it all mean for TTOs and university researchers with gene-based innovations, in terms of both patenting and licensing? In addition, the decision is likely not the last word on the matter, with a Supreme Court case likely on next year’s docket – a particular worry since the related ruling in Prometheus (and the Supremes’ directive to re-hear Myriad at the Fed Circuit) seem to hint at skepticism over lines drawn around “products of nature.”

Join Dr. Noonan for a one-hour webinar that will deeply analyze the most recent decision and discuss how the opinion affects your university and its relevant IP. He’ll discuss:

  • What the past has revealed:
    • The first CAFC decision
    • Enter Prometheus – GVR from the Supreme Court
    • The second CAFC decision
  • What the future holds:
    • En banc considerations
    • Certiorari petition
  • What university TTOs should do now:
    • Patent or wait for more clarification?
    • Patent drafting: Key factors to apply in your claims
    • Licensing: Green light or caution?

Your expert presenter:

Kevin E. Noonan, PhD, is a Partner with McDonnell Boehnen Hulbert & Berghoff LLP and has extensive experience in biotechnology and the chemical arts. Dr. Noonan brings more than 10 years of experience as a molecular biologist working on high-technology problems to his legal work. He has wide experience in all aspects of patent prosecution, interferences, litigation, and client counseling on validity, infringement, and patenting strategy matters. He represents pharmaceutical and biotechnology companies both large and small, and he is particularly experienced in representing university clients in both patent prosecution and licensing.

Your Expert Presenter:

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