Federal Circuit Denies Petition for Rehearing in AMP v. USPTO

On Friday, the Federal Circuit (presumably) denied Defendants' petition for panel rehearing in Association for Molecular Pathology v. U.S. Patent and Trademark Office.  Unlike the Court's earlier notice regarding denial of Plaintiffs'/Appellees' petition, this notice did not identify the party (but Defendants' petition was the only one pending).  In their petition, counsel for Defendants asserted a single grounds for rehearing, of points of law and fact overlooked or misapprehended by the Court (see "Defendants File Petition for Panel Rehearing").  In particular, Defendants' petition asked the Court to review the standing issue based on their allegation that Dr. Harry Ostrer, the only plaintiff found to have standing, no longer has the capacity for "immediately begin[ning] to perform BRCA 1/2-related genetic testing" upon invalidation of the Myriad patents.  It also asked the Court not to vacate the panel decision even if it found that Plaintiff Dr. Ostrer no longer had standing.

Either party could now ask the Court to rehear the case en banc, or could file petitions for certiorari with the Supreme Court.  It is likely that the Court will decide the Prometheus Laboratories, Inc. v. Mayo Collaborative Services case before reaching the invalidated method claims in Myriad, but the Court could review the Federal Circuit panel's decision on the composition of matter claims this term.

Comments

[EG]

Kevin,

It will be interesting to see if either party pushes for rehearing en banc (and even more so if the Federal Circuit would hear this case en banc). Given that Prometheus is before SCOTUS, I wouldn't lay good odds for the Federal Circuit agreeing to hear the AMP case en banc.

[6]

http://news.yahoo.com/online-gamers-crack-aids-enzyme-puzzle-175427367.html

Gamers show BIO how tis done.

[6's mother]

6, learn to read already. That bit of powder-puff journalism discusses a piece of software designed by some people at the U of Washington specifically to figure out protein folding by having teams of people play a computer game. It's more like BIO shows gamers how they can actually be useful instead of uselessly wasting their lives on games. But you wouldn't know anything about that, would you?

[6]

"6, learn to read already. That bit of powder-puff journalism discusses a piece of software designed by some people at the U of Washington specifically to figure out protein folding by having teams of people play a computer game."

Is that not what I said?

" It's more like BIO shows gamers how they can actually be useful instead of uselessly wasting their lives on games. But you wouldn't know anything about that, would you?"

What makes you think that the people that made the game were BIO people? You think that Udubbaya is on BIO's payroll now?

Besides old timer I doed mah readin'

http://www.nature.com/nsmb/journal/vaop/ncurrent/pdf/nsmb.2119.pdf

But I doubt u did.