The Association for Molecular Pathology, et al., Petitioners, v. Myriad Genetics, Inc., et al., Respondents(Supreme Court of the United States)On Petition for a Writ of Certiorari to the U.S. Court of Appeals for the Federal Circuit

2012 ◽  
Vol 31 (6) ◽  
pp. 607-618 ◽  
Keyword(s):  
United States ◽  
Supreme Court ◽  
Molecular Pathology ◽  
The United States ◽  
Court Of Appeals ◽  
Myriad Genetics ◽  
Federal Circuit ◽  
The U.S

Sperry Corp. v. United States

1989 ◽  
Vol 83 (1) ◽  
pp. 86-90
Author(s):  
Rose Cecile Chan
Keyword(s):  
United States ◽  
Supreme Court ◽  
World Trade ◽  
The United States ◽  
United States Constitution ◽  
Preliminary Ruling ◽  
Fifth Amendment ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Federal Circuit

Plaintiffs, Sperry Corp. and Sperry World Trade Inc. (Sperry), received an award from the Iran-United States Claims Tribunal (Tribunal). Upon payment of the award, the United States deducted 2 percent of the total amount pursuant to a directive license issued by the Secretary of the Treasury regarding recovered claims by U.S. nationals against Iran. When plaintiffs challenged the authority of the Treasury to make the deduction and the United States Claims Court announced a preliminary ruling that concurred with plaintiffs’ position, the Executive persuaded Congress to approve legislation authorizing specified percentages to be deducted by the United States from Tribunal awards to U.S. citizens. Responding to the plaintiffs’ challenge to the constitutionality of the newly enacted statute, the United States Claims Court dismissed the suit and, on appeal, the United States Court of Appeals for the Federal Circuit (per Meyer, J.) reversed and held: that the deduction constitutes a taking without compensation in violation of the Fifth Amendment to the United States Constitution. In September 1988, the United States filed notice of appeal with the Supreme Court.

scholarly journals It’s Not So Obvious

2014 ◽  
Vol 1 (3) ◽  
pp. 729-750
Author(s):  
Samuel Reger
Keyword(s):  
United States ◽  
Supreme Court ◽  
Subject Matter ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Patent Claim ◽  
Specific Approach ◽  
Court Of Appeals ◽  
Federal Circuit

Currently, the United States Supreme Court requires a fact-specific approach to determine whether a patent claim is eligible subject matter under 35 U.S.C. § 101, even though, traditionally, this has been considered a question of law. However, recently, the United States Court of Appeals for the Federal Circuit introduced the “manifestly evident” standard. The court held that when it is not manifestly evident that a claim is directed to a patent-ineligible abstract idea, then that claim must be deemed patent-eligible subject matter. This Comment suggests that the manifestly evident standard, or one similar to it, will reduce litigation costs. This is because, under the current fact-specific requirements, it may become commonplace for courts to engage in formal claim construction, a costly pre-trial process, to decide whether these requirements are met. But under the manifestly evident standard, courts and litigants will be able to quickly move past the often confusing section 101 to the later sections of the Patent Act, which courts are better prepared to confront.

The Product of Nature Doctrine in the Myriad Saga II

2013 ◽  
Vol 4 (3) ◽  
pp. 409-417
Author(s):  
Emanuela Gambini
Keyword(s):  
United States ◽  
Dna Sequences ◽  
Molecular Pathology ◽  
The United States ◽  
Case Note ◽  
United States Patent ◽  
Naturally Occurring ◽  
Myriad Genetics ◽  
States Patent ◽  
The U.S

In June 2013, the U.S. Supreme Court decided Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al., holding that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring”.This case note gives an overview of the U.S. Supreme Court's decision, which is focused on the product of nature doctrine, and discusses its implications for the implementation of the criterion of isolation to DNA sequences and the United States Patent and Trademark Office's long-standing practice of granting patents on isolated DNA sequences (author's headnote).

scholarly journals Dolly and Alice

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
United States ◽  
Supreme Court ◽  
Subject Matter ◽  
Somatic Cells ◽  
The United States ◽  
United States Supreme ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Patentable Subject Matter ◽  
Federal Circuit

The opinion of the United States Court of Appeals for the Federal Circuit, In re Roslin Institute, rejecting patent claims to mammals cloned from somatic cells, was rendered about a month before the United States Supreme Court's decision in Alice Corp. v. CLS Bank International. The Alice opinion explicitly sets out the standard for determining whether an invention falls within statutory patentable subject matter. Thus one is thus left to wonder what the Roslin opinion might have looked like had it been decided only a few weeks later, after the Alice decision was published, with the benefit of the Supreme Court's further direction on patentable subject matter. In this essay I explore whether in hindsight the Alice standard might have dictated a different outcome in Roslin, suggesting how the two-part test articulated by the Supreme Court in Alice might apply to a "products of nature" analysis for cloned mammals. Drawing on that analysis, I then use the Roslin case as a vehicle to highlight certain issues with the Supreme Court's current subject matter jurisprudence as applied to biotechnology. By juxtaposing Dolly with Alice, it becomes clear that the Supreme Court has revivified a number of dormant biotechnology patent problems in the guise of subject matter analysis.

Questions

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
United States ◽  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Public Support ◽  
The United States ◽  
Future Research ◽  
White Americans ◽  
Two Factors ◽  
The U.S

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.

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