Law360, New York (September 4, 2012, 11:56 AM EDT) -- On Aug. 16, the U.S. Court of Appeals for the Federal Circuit issued what may be the final decision in the prominent case of Association for Molecular Pathology v. Myriad Genetics Inc., No. 2010-1406 (Fed. Cir. Aug. 16, 2012). The decision is the culmination of a focused effort to reverse the policy of the U.S. Patent and Trademark Office that isolated polynucleotide molecules ("IPMs") are eligible for patenting under 35 U.S.C. § 101 (a policy that has been tacitly followed by the courts). As many commentators have observed, this effort has failed. The majority of the three-judge panel held that IPMs are like any other chemical and are patent-eligible under 35 U.S.C. § 101....
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