In Myriad, Did Supreme Court Confuse Its Own Precedent?

Law360, New York (August 5, 2013, 1:43 PM ET) -- On June 13, 2013, the United States Supreme Court issued its long-awaited decision in Association for Molecular Pathology v. Myriad Genetics Inc., and held that isolated genes are not patent eligible subject matter under 35 U.S.C. § 101. 569 U.S. ___, slip. op. at 13, 17 (2013). To reach this conclusion, the court relied on Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (1948), a case in which a patent for a mixture of bacteria was held invalid because the mixture “fell short...
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