Preemption Of Research Has No Place In Gene Patent Case

Law360, New York (April 9, 2013, 12:14 PM EDT) -- While the propriety of gene patents remains a hotly debated question, one aspect of the debate has gained increasing traction — namely, the assertion that gene patents preempt research (which is part of a broader dialogue about the preemptive effects of patents in general).

The subject of gene patents is currently before the U.S. Supreme Court in Association for Molecular Pathology et al. v. Myriad Genetics Inc. et al. The parties have submitted their briefs, and the court will hear oral argument on April 15, 2013....
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