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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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