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AMP v. USPTO: Appellees' Brief

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- In a brief filed on November 30, Plaintiffs-Appellees in Association for Molecular Pathology v. U.S. Patent and Trademark Office argue that they have standing; that Myriad's BRCA1/2 isolated DNA claims are invalid under 35 U.S.C. § 101 because they cover laws of nature, natural phenomena, physical phenomena, and products of nature; that Myriad's process claims are invalid under § 101 because they cover laws of nature and abstract ideas; and that Myriad's claims are unconstitutional under the First Amendment. Plaintiffs-Appellees begin their brief by arguing that while "Myriad asserts that 'isolated' genes are so different that...

Full post as published by Patent Docs on January 13, 2011 (boomark / email).