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« White Paper Asserts That Existing Trade Agreements Provide No Data Exclusivity for Biologics | Main | Myriad Moves to Dismiss Ambry's Antitrust Counterclaims on Noerr-Pennington Doctrine »

August 27, 2013


I am sure I am not alone in saying that I Will be watching this case with interest. Once we get past the preliminary injunction and start looking at whether or not the claims are valid, perhaps we will have an opportunity for the courts to make some quality fundamental case law.

On the subject of patentability, I am all for a fundamental debate about what should and should not be the subject of temporary commercial monopolies, but my heart sinks when I read some of the rhetoric from the amici in these cases.

Does this mean that it is unethical for companies in this art field to have Trade Secrets?

I find the 'must share' idea a little over the top.

'Should" as a goal, I can see as a noble aspiration.

'Must' as a virtual edict, leaves me...

"The brief again criticizes Myriad for refusing to share its BRCA1 and BRCA2 data with the scientific community, contending that 'Myriad's conduct flies in the face of the professional ethical standards set out by the American Medical Association, which calls on laboratories, researchers and providers to publicly share data on genetic variants.'"

If companies like Myriad they can't be assured of a return on their investment via patents, which is what these amici and the AMA seem to want, and companies like Myriad shouldn't be allowed to obtain an ROI via trade secrets, which these amici and the AMA also seem to want, then how do the amici and the AMA propose to provide incentives to commercialize these things?


Are you aware that some have with all seriousness in mind the notion that private entities should not exist that DO commercialize these things?

These same people generally believe that government is the proper entity for this type of work.

I would daresay also project that these same people generally believe that private industry of ANY kind is simply too problematic, and that government should own ALL the means of production and commerce.

After all, if you understood what Communism was, you would hope, you would pray on your knees that one day we would become Communist. And what more noble place to begin, than with medicine?

Wow, good old fashioned red-baiting is alive and well on Patent Docs! Powerful, hard-hitting stuff.

I hope the blog does more to encourage this (it would be a terribly pity for such comments to be suppressed in the interest of, well, not looking like a place were red-baiting fools hang out to rant).

SC: "If companies like Myriad shouldn't be allowed to obtain an ROI via trade secrets, which these amici and the AMA also seem to want"

Where did amici say that? Myriad can have all the trade secrets it is capable of protecting. The point of amici is that Myriad has used and continues to use its patents to prevent others from independently acquiring information (unpatentable information, btw) using conventional tools.

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