Lathrop Gage Ranked Among Top 4 Law Firms Nationally in Handling Mayo/Myriad Rejections


Kansas City (August 22, 2017) – Lathrop Gage was recently ranked among the top four law firms nationally for its ability to overcome § 101 patent rejections in the pharmaceutical, biotech and life sciences industries according to patent analytics firm Juristat.

U.S. Supreme Court decisions Mayo (2012) and Myriad (2013) significantly increased the difficulty for pharmaceutical, life sciences and biotech companies to receive patent protection on new innovations. According to Juristat:

“A total of about 37% of all § 101 rejections in Technology Center 1600, which handles the bulk of these types of applications, now cite either Mayo or Myriad. This is bad news for applicants, since only about 45.2% of applications with either a Mayo or Myriad rejection ever receive an allowance. However, there are a few firms out there who manage to do remarkably well with Mayo/Myriad rejections despite their generally negative effects on allowance rates.”

Juristat ranked the top 10 law firms with the highest allowance rates on applications that received Mayo/Myriad rejections. The top five firms ranked by percentage of disposed applications with at least one § 101 rejection that cites either Mayo or Myriad for which there was also a notice of allowance on the application are:

  1. Cantor Colburn (63.2%)
  2. Marshall Gerstein & Borun (62.5%)
  3. Leydig Voit & Mayer (60.6%)
  4. Lathrop Gage (58.2%)
  5. Morrison & Foerster (57.3%)

“We are very proud of this result and see it as a true representation of the depth of experience and perspective our team brings to our biotech and life sciences clients,” said Giulio DeConti, Lathrop Gage partner and chair of the firm’s Intellectual Property Division. “Our Life Science practitioners are experts in overcoming legal obstacles and achieving the results for our clients that fuel their innovations.”

About Lathrop Gage

Lathrop Gage is a law firm whose clients form the backbone of our economy. Our attorneys provide strategic guidance in litigation, business and intellectual property law, with deep knowledge and experience in the industries we serve. We work as one integrated team with offices across the country to help our clients see beyond immediate challenges to achieve their most important objectives. For more information, visit