Konski and Brinckerhoff Quoted on Myriad Patent Eligibility

15 October 2014 Managing IP News

Managing IP

Foley Partners Antoinette Konski and Courtenay Brinckerhoff were quoted in a Managing IP article, “Federal Circuit Arguments in Myriad May Worry Biotech Industry,” on October 15, 2014. The story discussed the current patent case involving Myriad Genetics’ BRCA1/BRCA2 diagnostic tests.

Brinckerhoff was quoted saying, “The easiest decision for the Federal Circuit to reach would be to affirm based on the ‘substantial question’ standard without deciding patent eligibility on the merits. As Myriad’s counsel suggested, such a decision would leave the biotech industry ‘at sea’ until the case makes it back to the Federal Circuit again.”

Konski addressed the impact of the ruling and said, “This case is important because during oral argument what I captured is the Federal Circuit appears to be trying to have a test or an analytical framework that could be applied to inventions across a spectrum of technologies. That’s a more general importance. More specifically it really goes to how is one going to apply the decision holding in Myriad, what did the Supreme Court intend, and what remains as patent eligible after that decision.”

Related Services

Insights

RCE PTA Carve-Out Resumes After Interference
18 September 2019
PharmaPatents
The Ninth Circuit Expected to Rule that Doctors Can Be Wrong in the Winter v. Gardens False Claims Act Case
18 September 2019
Legal News: Government Enforcement Defense & Investigations
Upcoming Webinar: Maximizing Solar Tax Credits - Navigating the Start of Construction Rules (Part 1)
17 September 2019
Renewable Energy Outlook
When Birds Finally Find a Nest
17 September 2019
Dashboard Insights
Lacktman, Ferrante Cited in mHealth Intelligence About Ryan Haight Act
19 September 2019
mHealth Intelligence
Tinnen Discusses How Viewpoint Diversity Helps Businesses Thrive
18 September 2019
InsideTrack
Vernaglia Comments on AHA v Azar Decision
18 September 2019
MedPage Today
Lach Comments on Launch of New Group
16 September 2019
BizTimes Milwaukee
MedTech Impact Expo & Conference
13-15 December 2019
Las Vegas, NV
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
BRG Healthcare Leadership Conference
06 December 2019
Washington, D.C.
CTeL Telehealth Fall Summit 2019
04-06 December 2019
Washington, D.C.