The Myriad Appeal: DNA Patent-Eligibility Under § 101

Law360, New York (September 2, 2011, 1:33 PM EDT) -- On July 29, 2011, in an opinion written by Judge Alan D. Lourie, the U.S. Court of Appeals for the Federal Circuit issued its decision in Association for Molecular Pathology et al. v. U.S. Patent & Trademark Office et al., --- F.3d --- (Fed. Cir. 2011), in which it held, among other things, that claims for isolated DNA sequences are patent-eligible under 35 U.S.C. § 101. The court’s decision is the latest ruling in the long-standing and controversial battle over gene patents.

The case started in...
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