Gene Patents: The Myriad Genetics Case – Understanding the Science and the Law
This is a series of articles on the Myriad Genetics case (Association for Molecular Pathology v. U.S. Patent and Trademark Office, No. 2010-1406 (Fed. Cir. July 29, 2011). A three-judge panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court decision that Myriad Genetics, Inc. patents to isolated DNA molecules encoding the BRCA1 and BRCA2 genes which control a hereditary predispositon to breast cancer, were patent-ineligible products of nature under 35 USC 101. On March 26, 2012, the U.S. Supreme Court granted a petition for a writ of certiorari and remanded the case to the Federal Circuit for further consideration in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ___ (2012).
In this series, a biotechnology patent attorney provides a look at the science behind the case, followed by a review of the separate holdings of the three-judge panel in regard to the composition claims. It is hoped that the series will be particularly valuable to the non-specialist patent attorney as well as other readers of this series. The following are the links to the series: