Konski Quoted on Myriad Patent Case

Partner Antionette Konski was quoted in a Bloomberg BNA’s Patent, Trademark & Copyright Journal article, “Myriad Likely Heading Back to Trial Without Injunction Against DNA Screening Competitor,” on October 10, 2014. The article analyzes the Myriad Genetics Inc. case surrounding the eligibility of its patents related to genes linked to breast cancer. Konski was quoted saying, “I think [Myriad’s attorney] succeeded in making the point that one can use old or conventional technology to create something new and patentable.”

When asked to weigh in on the appeals court’s decision, Konski said, “The Federal Circuit will likely affirm denial of the preliminary injunction and return the case to the district court with instructions how to apply Alice/AMP/Mayo and allow the court to further develop the record to correctly apply the facts.”