DOJ Urges Compromise In Gene Patent Appeal Brief

Law360, New York (November 1, 2010, 2:50 PM EDT) -- The U.S. Department of Justice has weighed in on the continuing battle over the patentability of human genes, telling a federal appeals court that a district judge was right to invalidate patents for isolated DNA but wrong to nix patents claiming man-made manipulations.

The presiding judge in the suit accusing Myriad Genetics Inc. of holding seven invalid patents for genes linked to breast cancer should have distinguished between those claims that merely isolated the genes and those that actually altered them, the DOJ said in an...
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