Volume 15, Issue 4

Gene Patents and the Public Interest: Litigating Association for Molecular Pathology v. Myriad Genetics and Lessons Moving Forward

Volume 15, Issue 4 (Jun 2014)

Keynote address at the 2014 North Carolina Journal of Law and Technology symposium.

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Sandra S. Park, Gene Patents and the Public Interest: Litigating Association for Molecular Pathology v. Myriad Genetics and Lessons Moving Forward, 15 N.C. J.L. & Tech. 519 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Park_Final.pdf

The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law

Volume 15, Issue 4 (Jun 2014)

When the Founding Fathers promulgated the Progress Clause of the U.S. Constitution, they recognized the potential for certain types of patents to impede rather than promote innovation. The drafting of the Patent Act and its interpretation by the U.S. Supreme Court similarly recognized that abstract ideas, laws of nature, and products of nature do not

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Lori B. Andrews, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, 15 N.C. J.L. & Tech. 537 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Andrews_Final.pdf

Myriad After Myriad: The Proprietary Data Dilemma

Volume 15, Issue 4 (Jun 2014)

Myriad Genetics’ long-time monopoly on BRCA gene testing was significantly narrowed by the Supreme Court’s decision in Association of Molecular Pathology v. Myriad Genetics, Inc., and will be further narrowed in the next few years as many of its still-valid patents expire. But these developments have not caused the company to acquiesce in competition. Instead,

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John M. Conley, Robert Cook-Deegan & Gabriel Lázaro-Muñoz, Myriad After Myriad: The Proprietary Data Dilemma, 15 N.C. J.L. & Tech. 597 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Conley_Final.pdf

Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine

Volume 15, Issue 4 (Jun 2014)

Contrary to popular perception, the Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc., finding certain patent claims reciting isolated genomic DNA molecules patent ineligible is likely to have a relatively minor impact on the patenting of diagnostics and personalized medicine. Method claims generally play a much more important role than

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Christopher M. Holman, Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine, 15 N.C. J.L. & Tech. 639 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Holman_Final.pdf

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