About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs


  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat #8 Overall Rank


« Pfizer Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2014) | Main | PTO Day »

February 07, 2014


"There was a great deal of crowing by the ACLU and its friends and supporters."

Hey Kevin,

There sure was. Are they still "crowing" now?

Giddy much?

As the great Inigo Montoya said "I do not think it means what you think it means."

"while cooler (and more experienced) commentators"

Kevin Noonan is bragging about his ability to modulate himself?

That's funny.


Tell me something really funny. Are you the posted commonly known as Malcolm Mooney, MM, or any of a multitude of various other names?


Well, Gary, if you know something, share. Otherwise, just admit that this round has gone to Myriad - doesn't mean they will ultimately prevail, but it is a good start.

Here's what I know:

1. patent litigation is expensive
2. 2016 is pretty soon
3. patent litigation is expensive

Absolutely agree with Gary. The patents only have 2 more years left. Even if Gene-by-Gene does invalidate Myriad's patents, the profit it can generate in the U.S., in what seems to be a crowded market now (Quest, Ambry, Labcorp, Invitae...), does not necessarily justify the litigation costs. The most recent PI case I was involved in, the tab ran over 2 million. AND, that was after both side agreed to drop the patents that only had about 1 year of term left. Gene-by-Gene is a pretty small player. Settlement makes a lot of sense, and the settlement says nothing about the strength of Myriad's patents.

I personally disagree with the Myriad and Prometheus by the Supreme Court, in particular Prometheus. However, given the precedent, I think attacking Myriad's remaining claims look quite promising.

The comments to this entry are closed.

May 2024

Sun Mon Tue Wed Thu Fri Sat
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31