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When asked about the case, Carrie Cohen, an attorney at Morrison & Foerster who formerly was a federal prosecutor in the SDNY, said that from a legal point of view parent-child privilege--which has a very narrow use--"doesn't come into play in this case."
The trial marks one of the first cases tried in the SDNY since the 2014 Newman ruling, which places limits on insider trading charges.
The SDNY believed that DNA' s existence in an 'isolated' form does not transform it into something 'distinctly different in character' from the non-isolated DNA contained in the human gene sequences.
The SDNY decision in Myriad Genetics on the isolated DNA claims appears to run counter to such established Federal Circuit precedent as Amgen v.
However, as under Amgen and Fiers isolated DNA can be conceived and reduced to practice, and can be the subject of interference proceedings under, inter alia, 35 USC [section] 102(g), it follows a fortiori that it is patentable subject matter under Section 101 of the Patent Act, contrary to the holding by the SDNY in Myriad Genetics.
Howard is hesitant to speculate as to the causes for this drop in activity in the SDNY, but notes that it makes this a two-horse race, with the majority of the ANDA activity occurring in Delaware and New Jersey.
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