McDonnell Boehnen Hulbert & Berghoff LLP partner Dr. Kevin E. Noonan is quoted extensively in an October 19, 2012 edition of Bloomberg BNA’s Life Sciences Law & Industry Report in an article entitled, “Gene Patent Claims Are Alive, Well For Now, Life Sciences Attorney Says.” In the wake of recent Federal Circuit and Supreme Court rulings, gene patent claims are alive and well, although there is a risk that if the Supreme Court grants review in
Myriad, it could rule broadly for the patent ineligibility of genomic, naturally-occurring DNA, Dr. Noonan told a webinar audience on October 4, 2012. Dr. Noonan also said that as a result of the Federal Circuit’s rulings in
Myriad on gene patentability and in
Prometheus on diagnostic method patentability, some genetics-based diagnostic method claims may survive court review if they are properly drafted.
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