Supreme Court will rule on gene patentability

Court will review case concerning Myriad’s patents on cancer genes

On Friday, the Supreme Court announced that it would review a case concerning Myriad Genetics Inc.’s patents on two genes linked to hereditary breast and ovarian cancers.

The case dates back several years, but most recently, the Federal Circuit in August held firm in its July 2011 ruling in Association for Molecular Pathology v. US Patent and Trademark Office after the Supreme Court had asked the lower court to reconsider its decision in light of the more recent ruling in Mayo Collaborative Services v. Prometheus Laboratories. In Association for Molecular Pathology, the Federal Circuit ruled that human DNA is a patentable product of nature. But earlier this year, the Supreme Court in Mayo Collaborative Services ruled that companies can’t patent observations about natural phenomena.

Ashley Post

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