Reach Of Prometheus Will Come Into Focus In Myriad Ruling

Law360, New York (July 18, 2012, 5:21 PM EDT) -- Friday's oral arguments in the closely watched case over the patentability of breast cancer genes isolated by Myriad Genetics Inc. will provide the first hints on how broadly the Federal Circuit may apply the U.S. Supreme Court's controversial Prometheus ruling.

Myriad argues that the Supreme Court decision, which invalidated Prometheus Laboratories Inc.'s patents for blood testing methods for claiming unpatentable laws of nature, should have no impact on whether genes can be patented, since Prometheus dealt with method claims, not composition claims like isolated DNA....
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