Judicial Opinions

  • Read more: Reactions to Myriad, two weeks later

    Reactions to Myriad, two weeks later

    By Nicholson Price Two weeks after the Supreme Court held isolated naturally occurring DNA unpatentable in Association for Molecular Pathology v. Myriad Genetics, Inc., there’s been quite a lot of commentary about the case’s implications for the biotech industry and medical science.  I’ll just mention a few here, with the certainty that there will be…

  • Read more: Supreme Court Decision on FTC v. Actavis paves the way for development of cheaper drugs

    Supreme Court Decision on FTC v. Actavis paves the way for development of cheaper drugs

    By Arthur Caplan Zachary D Caplan JD, attorney at law firm in Philadelphia that filed amicus brief on behalf of drug wholesalers and pharmacies in FTC v. Actavis Arthur Caplan PhD, Division of Medical Ethics, NYU Langone Medical Center Amidst all the news about various Supreme Court decisions there is one that ought not be overlooked…

  • Read more: Art Caplan on the Myriad Decision: Patenting natural DNA never made sense

    Art Caplan on the Myriad Decision: Patenting natural DNA never made sense

    By Arthur Caplan Bill of Health contributor Art Caplan weighed in on the Supreme Court’s decision in the Myriad case with an opinion piece at NBC: “The Supreme Court has finally done what should have been done years ago — declared that genes which naturally exist in all of us cannot be patented.  For years…

  • Read more: Eric Lander on the Myriad Decision

    Eric Lander on the Myriad Decision

    This morning on WBUR, Eric Lander discussed the significance of the Supreme Court’s unanimous decision in Association for Molecular Pathology v. Myriad Genetics that DNA cannot be patented. Lander, the Director of the Broad Institute of MIT and Harvard, filed an amicus brief in the case that was co-authored by Petrie-Flom Center Faculty Co-Director and Bill of Health editor I.…

  • Read more: A Tale of Two Polities

    A Tale of Two Polities

    By Scott Burris Last week, Northeastern University’s effort to convene a much-needed conference on the future of health policy was a casualty of the successful manhunt for the Boston Marathon bombers.  One hardly wants to make too much of a stymied conference given all the human damage of the bombing and its aftermath, but all…

  • Read more: Impact of the “Lander Brief” in the Myriad Case – and an answer to Justice Alito’s Question

    Impact of the “Lander Brief” in the Myriad Case – and an answer to Justice Alito’s Question

    By I. Glenn Cohen  [Cross posted at Prawfsblawg.com] The Supreme Court heard oral arguments on April 15 in Association of Molecular Pathology et al. v Myriad, concerning whether human genes are patent-eligible subject matter. The case focused on Myriad’s patents on two genes, BRCA1 and BRCA2, involved in early-onset breast cancer. Surprisingly, many of the…

  • Read more: Of Evergreening and Efficacy, Part II

    Of Evergreening and Efficacy, Part II

    By Ryan Abbott I wrote earlier this month about the case between Novartis and the Union of India, in which the Supreme Court of India affirmed denying a patent for Novartis’ anti-cancer drug Glivec. Adriana Benedict added an insightful post about the case last week. In my last post, I talked about the theory behind the decision and…

  • Read more: If Novartis’s “improved” version of Glivec is not more therapeutically efficacious, why is the Novartis decision such a big deal?

    If Novartis’s “improved” version of Glivec is not more therapeutically efficacious, why is the Novartis decision such a big deal?

    By Adriana Benedict Last week, Ryan Abbot blogged here about the Novartis case decided last Monday by the Supreme Court of India.  Since then, there have been a broad range of reactions to the case, but many of them appear to have left a lurking elephant in the room. I’d like to attempt to provide…

  • Read more: Oral Arguments in FTC v. Actavis (SC pay for delay case)

    Oral Arguments in FTC v. Actavis (SC pay for delay case)

    By Adriana Benedict As Jonathan Darrow notes below, on Monday, the Supreme Court heard oral arguments in Federal Trade Commission (FTC) v. Actavis, the “pay for delay” case questioning whether or not reverse payment settlements in Hatch-Waxman litigation should be presumptively anticompetitive, a question on which the Circuit Courts are divided.  This particular case involves…

  • Read more: Sebelius v. Auburn Regional Medical Center: Hospitals Allege Medicare Intentionally Underpaid Providers–And Got Away With It

    Sebelius v. Auburn Regional Medical Center: Hospitals Allege Medicare Intentionally Underpaid Providers–And Got Away With It

    By Katie Booth In the Supreme Court’s recent decision in Auburn Regional Medical Center, the Court held that a suit against HHS by eighteen hospitals alleging intentional underpayment of Medicare reimbursements was barred by a 180-day internal agency deadline for appeals of reimbursement decisions. The rub is that the hospitals only found out about the…