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"If the plaintiffs in this case have standing, then ..."

By Lawrence B. Ebert, Esq.

The University of Utah and Myriad have moved to dismiss the suit brought by ACLU, PubPat, and others involving patents directed to BRCA. [See IPBiz post: ACLU sues the US patent office ].

Text in the motion to dismiss: "If the plaintiffs in this case have standing, then virtually anyone can challenge any patent at any time."

Yes, the USPTO is seeking to be dismissed from the case.

One recalls that PubPat was roasted and toasted in the challenge to the WARF stem cell patents, with its references found "non-enabled" and its declarations "conclusionary."

Full post as published by IPBiz on July 21, 2009 (boomark / email).