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.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Monday, October 24, 2016

          UC Hastings Professors Witness History in Bogota, Colombia

          As the world was focused on Colombia, UC Hastings Professors Naomi Roht-Arriaza and Richard Marcus were there to witness history.
          Friday, October 21, 2016

          Innovative gift from tech startup accelerator Hackers/Founders supports UC Hastings Startup Legal Garage

          "Being able to face these issues with a law school that's doing cutting-edge work is invaluable.” - Hackers/Founders CEO Jonathan Nelson
          Tuesday, October 18, 2016

          Tenderloin Community Benefit District Appoints UC Hastings 3L to Board of Directors

          Improving the sidewalks means more than cleaning services, says 3L Peter Stevens, tenants rights advocate and proud Tenderloin resident.
          Monday, October 10, 2016

          2L Briana Desch spearheads new Tenderloin Community Outreach Board for ASUCH

          Student task force dedicated to establishing relationships with the Tenderloin community.
          Monday, October 10, 2016

          Manuel v. City of Joliet: Don’t forget “unreasonable” in the Fourth Amendment

          Analysis by Professor Rory Little
          Go to News Archive