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Gene patent case back at Circuit court

April 11, 2012

Rehearings: Updates on issues previously reported in Indiana Lawyer. For copies of the original story, call our circulation department at 317-636-0200 with the title of the article and the issue date listed. Fee is $5 per story.

Myriad Genetics, Inc. reported on March 26 that the United States Supreme Court remanded The Association for Molecular Pathology, et al., v. Myriad Genetics, Inc., et al., No. 11-725, to the Federal Circuit Court of Appeals. The Federal Circuit will now reconsider its July 29, 2011, decision, which upheld Myriad’s patents on two breast cancer genes – known collectively as BRCA 1/2.

In the July opinion, Circuit Judge Alan Lourie wrote that Myriad’s composition claims to isolated DNA molecules are patent-eligible, as the isolated molecules are not found in nature in that state. The Circuit Court had also reversed a decision from the U.S. District Court, Southern District of New York, that said Myriad’s method claims to screening potential cancer therapeutics via changes in cell growth rates is a patent-ineligible scientific principle.•

Rehearing "Court rules on genetic patents" IL Aug. 17-30, 2011

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