21 June 2010

Myriad Appeals US District Court Ruling on Genes

As expected, Myriad Genetics, along with its co-patentees, appealed the decision by the District Court for the Southern District of New York finding its US patents relating to BRCA1 and BRCA2 human genes to be partially invalid (see Genomics Law Report article here).

Patentology has reported previously (here and here) on corresponding proceedings commenced by Maurice Blackburn lawyers against a related Australian patent, licensed exclusively to Genetic Technologies Ltd.

We presume that Myriad, GT, and the other defendants, will also vigorously contest the Australian court action.

Before You Go…

Thank you for reading this article to the end – I hope you enjoyed it, and found it useful.  Almost every article I post here takes a few hours of my time to research and write, and I have never felt the need to ask for anything in return.

But now – for the first, and perhaps only, time – I am asking for a favour.  If you are a patent attorney, examiner, or other professional who is experienced in reading and interpreting patent claims, I could really use your help with my PhD research.  My project involves applying artificial intelligence to analyse patent claim scope systematically, with the goal of better understanding how different legal and regulatory choices influence the boundaries of patent protection.  But I need data to train my models, and that is where you can potentially assist me.  If every qualified person who reads this request could spare just a couple of hours over the next few weeks, I could gather all the data I need.

The task itself is straightforward and web-based – I am asking participants to compare pairs of patent claims and evaluate their relative scope, using an online application that I have designed and implemented over the past few months.  No special knowledge is required beyond the ability to read and understand patent claims in technical fields with which you are familiar.  You might even find it to be fun!

There is more information on the project website, at claimscopeproject.net.  In particular, you can read:

  1. a detailed description of the study, its goals and benefits; and
  2. instructions for the use of the online claim comparison application.

Thank you for considering this request!

Mark Summerfield

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