Patzke+Historicizing

Semi-Current Rulings Related to //AMP v. USPTO//
- the time line below presents: One "year" specifically: 2010 (to 2011) > April 2010 (one week after 60min thing) Stephen Colbert takes the side of Myriad Genetics. Segment title: "Formula 01 Liquid Genetic Material" > http://www.colbertnation.com/the-colbert-report-videos/271371/april-15-2010/formula-01-liquid-genetic-material > === ===
 * The top row: recent rulings that have informed (and changed) the legal arguments of //AMP v. USPTO//
 * The middle row: the rulings of //Prometheus//, the case that led to the 'vacate and remand' order from the Supreme Court for //AMP v. USPTO.//
 * The bottom row: //AMP v. USPTO//appearances in the court. Left out is:
 * June 2012, second Fed. Cir. Court ruling finding in favor of defendant
 * Oct 2012, writ of certiorari granted by Supreme Court
 * April 2013, Supreme Court Oral arguments scheduled
 * March 2010: AMP v. USPTO established a constitutional validity to the conflict
 * June 2010: Prometheus cursory review by the Supreme Court, vacated and remanded to the Fed. Cir. Court
 * Decemeber 2010: Prometheus decision in Fed. Cir. Court (same as previous) (maintaining a "machine or transformation" test as a valid test for patent ability.
 * ACLU/PubPat represents AMP and begins campaign "who owns your genes" / "take your genes back" - takes stance as "free speech" and links to women's rights
 * April 2010, ACLU and AMP highlighted on 60 minutes TV program "Patented Genes" asking "should companies be able to own human genes?" Hosted by Morley Safer. http://www.cbsnews.com/video/watch/?id=6362525n&tag=api
 * Genetic Alliance (a patient advocacy and lobbying group) begins campaign focuses on industry innovation
 * Genetic Alliance receives NSF grant (joint PI) to begin coordinating "libraries" for genetic information, with the intent that laboratories can 'check out' genetic sequences for research. Libraries are co-opted from New Born Screen Databases
 * Texas Supreme Court Case: Higgins v. Texas Department of Health Services establishes that new born screening is not mandatory

__A Longer History of US patent regulation and precendent__
(implying that non-human gene patents set the stage for human gene patents)

1930: Plant Patent Act

1972: Chakrabarty filed patent on recombinant (non-human) DNA

1978: University of California filed patent for cDNA (complimentary) – human growth hormone.

1980: Bayh-Dole Act

1980: (began in 1979, patent issues in 1981) Supreme Court ruling //Diamond v. Chakrabarty//

1990 (or ’89, or ’84): Human Genome Project Begins (Office of Biological and Environmental Research in the U.S. Department of Energy's [|Office of Science] .) – project directed by US National Institutes of Health (NIH) National Human Genome Research Institute

1994: BRCA 1 patent filed by University of Utah, National Institute of Environmental Health Sciences (NIEHS) and Myriad Genetics

1996: Summit in Bermuda – result of which is the “Bermuda Principles,” an informal agreement proposing that research and findings related to the human genome project should remain free and publically accessible.

1995: BRCA 2 patent filed by Myriad Endo Recherche, Inc., HSC Research & Development Limited Partnership, and University of Pennsylvania

1998: Craig Venter and his firm Celera start research to map the on the human genome

2001 (or ’03 or ’05) HGP complete