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Patent Attorneys Vent Frustrations Over Supreme Court Diagnostics Rulings

This article was originally published in The Gray Sheet

Executive Summary

Attorneys at a recent BIO-convened symposium were disgruntled and anxiety-ridden by two recent Supreme Court rulings on patent protection – the 2012 Mayo Collaborative Services v. Prometheus Laboratories Inc. decision and the 2013 The Association of Molecular Pathology v. Myriad Genetics Inc ruling.

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News In Brief

Sales of Medtronic’s CoreValve blocked in Germany. Myriad Genetics sues BRCA test competitors. More news.

Diagnostic Companies Rush To Test Formerly Off-Limit Genes

Although Myriad says the Supreme Court’s recent ruling that isolated genes can’t be patented does not leave its BRCA1 and BRCA2 assays unprotected, other diagnostic companies are now incorporating the genes into their tests for the likelihood of inheriting cancer at a fraction of the previous cost.

Myriad Gets Mixed Decision in Supreme Court; Biotech Industry Fears Fallout

Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can be.

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