Sunday, April 14, 2013

Interesting Poll:

In anticipation of the Myriad hearing tomorrow the IPO (see pages 69-72 of my book "Other Peoples Bodies.") is having a webinar on the case on Wednesday, April 17.  On the panel will be be our own, Prof. Joshua Sarnoff, along with two bio-patent techies.
A previous webinar was held on the Prometheus case, in which the SCOTUS unanimously struck down a patent on so-called "personalized medicine."  The Myriad and Prometheus cases are closely linked.
In the wake of the previous webinar, the guiding hand behind it, Pamela Sherrid, conducted a poll with some not so surprising results: 75% of the patent professionals responding said the SCOTUS got the law wrong; 66% said they could get around the decision by clever claim drafting.  Finally, the poll asked several questions about the Myriad case.  Here's the surprise: 44% said the decision would be the same, with 41% saying the Court would take the DOJ position (See page 57 of "OPB") and, not surprisingly, only 15% saying all claims would be invalidated.  The poll is located at:

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