Legal Issues
KEI has worked on legal issues relating to access to medical technologies, including analyzing court cases and submission of amicus briefs.
DNA and diagnostic patents
- SCOTUS Oral Arguments in AMP v. Myriad Genetics; Court to Determine Answer to Question: Are Human Genes Patentable?
- KEI files amicus brief to Supreme Court in BRCA gene patent case
- Federal Circuit decision again results in three-way split in reasoning in AMP v. USPTO; 2-1 ruling upholds DNA patents
- Federal Circuit Oral Arguments in BRCA Gene Patent Case (Round 2)
- BRCA gene case: James D. Watson, co-founder of double helix structure, rejects patentability of DNA and other amici filings
- KEI and UAEM file brief as amici curiae in BRCA gene patent case
- Unanimous Supreme Court decision invalidates Prometheus diagnostic test patents and reverses Federal Circuit decision
- KEI Comments to USPTO on Genetic Diagnostic Testing
- KEI files amicus brief in BRCA gene patent case
- Federal Circuit decision in AMP v. USPTO results in three-way split in reasoning; 2-1 decision finds isolated DNA patentable
- Federal Circuit hears oral arguments on patent eligibility of DNA claims
- Federal judge in Myriad patent case says invalidation of gene patents does not violate TRIPS
Pay-for-Delay
- SCOTUS Oral Arguments in FTC v. Actavis; Court to Decide Legality of Pay-For-Delay (Reverse Payment) Settlement Agreements
- KEI files amicus brief in pay-for-delay case; SCOTUS to resolve circuit split on legality of reverse payment settlements
- Pay-for-Delay Circuit Split Continues; 31 States File Amicus Brief Arguing Pay-For-Delay is Presumptively Unlawful
- Federal Appellate Court: Pay-for-Delay is "prima facie evidence of an unreasonable restraint of trade.”
Patent Exhaustion