publication date: Mar. 14, 2014
Robert Cook-Deegan’s Viewers’ Guide To the Super Bowl of Gene Patent Cases
Patent litigation is a blood sport if you see corporations as people and count spilled ink or loss of money as hemorrhage.
One of the most closely watched cases in recent years centers on genetic testing for BRCA1 and BRCA2 genes.
On March 10, Judge Robert Shelby from the Federal District Court for Utah denied Myriad Genetics’ motion for a preliminary injunction against its competitors that had entered the market starting June 13, 2013, when the Supreme Court handed down its ruling in Association of Molecular Pathology v. Myriad Genetics.
The key conclusion in Judge Shelby’s ruling is that Myriad and its co-plaintiffs are “unable to establish that they are likely to succeed on the merits of their claims.”
The case may now go to trial or get settled out of court. If it goes to trial there will be several more steps, including hearings to interpret the claims, a vigorous process of discovery to uncover facts and documents, and then a possible trial.
Just Shelby’s ruling is 106 closely argued pages. It is dense and intricate, but clear. Basically, he concedes that Myriad will … Continue reading 40-11 Cook-Deegan’s Viewers’ Guide 1
To access this members-only content, please log in.
Institutional subscribers, please log in with your IP
If you're not a subscriber why not join today?
To gain access to the members only content click here
You will be given immediate access to premium content on the site.Click here to join.