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Appeals Court Reaffirms DNA Patents; Myriad Case May Be Headed To Supreme Court

This article was originally published in The Gray Sheet

Executive Summary

A Federal Circuit panel again rules that Myriad Genetics’ patents covering BRCA genes isolated from the body are patent-eligible; the ACLU may request review by the full court or file a petition with the Supreme Court.

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Supreme Court Appears Dubious Of Gene Patents, But Wary Of Halting Innovation

Justices appeared to favor the government’s position that synthesized genetic material, but not isolated DNA, can be eligible for a patent during oral arguments last week in the case of The Association of Molecular Pathology v. Myriad Genetics Inc.

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Supreme Court Overturns Drug Calibration Patents, Creating Confusion In Biotech Realm

The court’s finding that Prometheus’ drug calibration test is unpatentable has left the biotech community reeling with uncertainty as to whether method of treatment claims, particularly those involving biomarkers, will be patent eligible.


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