On April 15, 2013, the Supreme Court will hear oral arguments in the Myriad Genetics v. Association for Molecular Pathology litigation. The patent world is watching, particularly those who focus on emerging technologies. On March 14, 2013, the NanoBusiness Commercialization Association filed a brief in support of Myriad Genetics (brief prepared by Foley & Lardner, LLP). In addition to arguing that the patent claims should be patent eligible, which is the essence of the case, the brief also argues that patents do not preempt others from experimenting on, improving upon, or designing around a patented invention. With today being the first day of the new first-to-file regime, patent lawyers of all stripes are busy these days keeping up with dramatic changes to the patent system. The Supreme Court could use the Myriad case to establish a new paradigm for patent eligibility. Stay tuned.
Related Insights
30 August 2024
Viewpoints
FTC’s Ban on Noncompete Agreements Is Blocked
04 September 2024
Events
Navigating Intellectual Property While Building with AI
Foley Partner Eric Sophir will present on the topic of “Navigating Intellectual Property while building with AI” at the Martin Luther King Jr. Memorial Library on Wednesday, September 4, 2024, from 4:00 p.m.-5:00 p.m. EDT.
29 August 2024
Manufacturing Industry Advisor
2024 CPSC and FDA Enforcement Trends
The enforcement trends of 2023 have continued into 2024, especially with respect to the U.S. Consumer Product Safety Commission and the U.S. Food and Drug Administration.