Monday, April 04, 2011

Oral arguments in Myriad. Standing.

Oral arguments are heard in Myriad on April 4, 2011. Arguments are before panel B+, which comprises Judges LOURIE, BRYSON, and MOORE.

Will the CAFC accept the ruling on standing by Judge Sweet? If that remains, there could be a lot of patent challenges.


Ruling in Myriad/BRCA case: can anyone challenge any patent at any time?
[As to the USPTO, Judge Sweet found that the plaintiffs had standing to assert constitutional claims for which the Patent Act provides no remedy. The plaintiffs assert that issuance of gene patents by the USPTO is unconstitutional. ]

CAFC in Abraxis v. Navinta: remembering Stanford/Roche
[Abraxis v. Navinta is obviously a statement by the CAFC as to
Stanford v. Roche, and could also be a warm-up for the standing issue in Myriad. ]

See also from 3 April 2011
Tomorrow's Myriad appeal: are genes unpatentable products of nature?


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