Friday, April 12, 2013

Lefstin on "The Past of Prometheus and the Future of Myriad"

On March 27th, Professor Lefstin gave a keynote address for the BIO (Biotechnology Industry Organization) intellectual property corporate counsel's conference entitled, “The Past of Prometheus and the Future of Myriad,” looking at what's really at stake in the Supreme Court's upcoming case on the patent-eligibility of human genes. On April 12, Lefstin was a guest on KQED's 'Forum' program, discussing the Myriad gene patenting case.

Oral arguments for Myriad are scheduled for April 15, 2013, before the Supreme Court of the United States. Lefstin filed an amicus brief in the case in support of the arguments put forth by Myriad. In the brief, which is based on historical research, he points out that the framework for evaluating patent-eligible subject matter suggested in last year's Prometheus case (that the inventor must develop an "inventive application" of a discovery to be eligible for a patent), is the same analysis the Court adopted in 1948 in a case called Funk Brothers. In light of how that framework was used in the 1950s and 1960s to strike down patents that we would regard as inoffensive today, he argues that the Court should disavow that framework in the Myriad case.

Professor Lefstin has also authored two columns for the PatentlyO blog, which is one of the most, if not the most, widely read source of patent commentary in the country.

Share this Story

Share via Facebook
Share via TwitterShare via EmailPrint Friendly Version

Other Recent Stories/ RSS

Wednesday, April 23, 2014

McAllister Street UC Hastings Campus Streetscape Project Update

The Board of the County Transportation Authority has approved $1 million in additional funding to expand the scope of the Streetscape Project.
Monday, April 21, 2014

Thinkers & Doers: April 21, 2014

Professors Osagie K. Obasogie, Sheila Purcell, Robin Feldman, James Lambden '75, Juliana Maio ’78, Philip Kan Gotanda ’78, Sergio Gutierrez ’83, Jeff Adachi ’85, James T. “Jim” Hammer ’86, Niki Solis ’95, Ryan C. Hughes ’10.
Friday, April 18, 2014

Moot Court Team Celebrates Winning Season

UC Hastings continues its tradition of excellence in intercollegiate advocacy competition and is currently ranked as the #3 Moot Court program in the nation.
Wednesday, April 16, 2014

UC Hastings Center for WorkLife Law Awarded $225,000 Grant from NoVo Foundation

Funds will enable WorkLife Law to develop information and tools that help low-income pregnant workers gain accommodations they need to keep jobs.
Friday, April 11, 2014

Thinkers & Doers: April 11, 2014

Professors Jodi Short, Marsha Cohen, Morris Ratner, Joan Williams, Guy Kornblum '66, Jennifer Keller '78, Tina Marroquin '03, Lisa Frydman.
Go to News Archive