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Association For Molecular Pathology et al v. United States Patent and Trademark Office et al DC CAFC
- 1:09-cv-04515
- S.D.N.Y.
- Judge: Paul A. Engelmayer
- Filed: 05/12/2009
- Closed: 08/28/2023
- Latest Docket Entry: 08/28/2023
- PACER
20
Plaintiffs
12
Defendants
0
Accused
Products
7
Patents-in-Suit
5,222
Days in
Litigation
-
Association For Molecular Pathology et al v. United States Patent and Trademark Office et al DC CAFC
- 1:09-cv-04515
- S.D.N.Y.
- Judge: Paul A. Engelmayer
- Filed: 05/12/2009
- Closed: 08/28/2023
- Latest Docket Entry: 08/28/2023
- PACER
Cause of Action
Declaratory Judgment
Patent Invalidity
Patent Unenforceability
Patent Unenforceability
Market Sector
Biotech and Pharma
Assigned Judge
Outcome Summary
Patent Information
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Validity & Enforceability
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method for identifying a mutant BRCA2 nucleotide sequence in a suspected mutant BRCA2 allele which comprises comparing the nucleotide sequence of the suspected mutant BRCA2 allele with the wild-type BRCA2 nucleotide sequence, wherein a
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Invalid (101)
Entry 258 Entry 255 |
2 |
A method for diagnosing a predisposition for breast cancer in a human subject which comprises comparing the germline sequence of the BRCA2 gene or the sequence of its mRNA in a tissue sample from said subject with the germline sequence of the
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Invalid (101)
Entry 258 Entry 255 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method for detecting a germline alteration in a BRCA1 gene, said alteration selected from the group consisting of the alterations set forth in Tables 12A, 14, 18 or 19 in a human which comprises analyzing a sequence of a BRCA1 gene or BRCA1 RNA
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Invalid (101)
Entry 256 Entry 258 Entry 255 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method for screening a tumor sample from a human subject for a somatic alteration in a BRCA1 gene in said tumor which comprises gene comparing a first sequence selected form the group consisting of a BRCA1 gene from said tumor sample, BRCA1 RNA
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Invalid (101)
Entry 258 Entry 255 |
Claim # | Claim Text | Outcome |
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1 |
An isolated DNA coding for a BRCA1 polypeptide, said polypeptide having the amino acid sequence set forth in SEQ ID NO:2.
|
Invalid (101)
Entry 258 Entry 255 |
2 |
The isolated DNA of claim 1, wherein said DNA has the nucleotide sequence set forth in SEQ ID NO:1.
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Invalid (101)
Entry 258 Entry 255 |
5 |
An isolated DNA having at least 15 nucleotides of the DNA of claim 1.
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Invalid (101)
Entry 258 Entry 255 |
6 |
An isolated DNA having at least 15 nucleotides of the DNA of claim 2.
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Invalid (101)
Entry 258 Entry 255 |
7 |
An isolated DNA selected from the group consisting of: (a) a DNA having the nucleotide sequence set forth in SEQ ID NO:1 having T at nucleotide position 4056; (b) a DNA having the nucleotide sequence set forth in SEQ ID NO:1 having an extra C at
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Invalid (101)
Entry 258 Entry 255 |
20 |
A method for screening potential cancer therapeutics which comprises: growing a transformed eukaryotic host cell containing an altered BRCA1 gene causing cancer in the presence of a compound suspected of being a cancer therapeutic, growing said
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Invalid (101)
Entry 256 Entry 258 Entry 255 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
A method for screening germline of a human subject for an alteration of a BRCA1 gene which comprises comparing germline sequence of a BRCA1 gene or BRCA1 RNA from a tissue sample from said subject or a sequence of BRCA1 cDNA made from mRNA from
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Invalid (101)
Entry 258 Entry 255 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
An isolated DNA molecule coding for a BRCA2 polypeptide, said DNA molecule comprising a nucleic acid sequence encoding the amino acid sequence set forth in SEQ ID NO:2.
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Invalid (101)
Entry 258 Entry 255 |
6 |
An isolated DNA molecule coding for a mutated form of the BRCA2 polypeptide set forth in SEQ ID NO:2, wherein said mutated form of the BRCA2 polypeptide is associated with susceptibility to cancer.
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Invalid (101)
Entry 258 Entry 255 |
7 |
The isolated DNA molecule of claim 6, wherein the DNA molecule comprises a mutated nucleotide sequence set forth in SEQ ID NO:1.
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Invalid (101)
Entry 258 Entry 255 |
Claim # | Claim Text | Outcome |
---|---|---|
1 |
An isolated DNA comprising an altered BRCA1 DNA having at least one of the alterations set forth in Tables 12A, 14, 18 or 19 with the proviso that the alteration is not a deletion of four nucleotides corresponding to base numbers 4184-4187 in SEQ.
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Invalid (101)
Entry 258 Entry 255 |