Fed. Circ. Rules Myriad Can Patent Breast Cancer Genes

Law360, New York (July 29, 2011, 6:53 PM ET) -- The Federal Circuit on Friday ruled that two breast cancer genes isolated by Myriad Genetics Inc. are patentable inventions in a precedential victory for the biotechnology industry, though the court also invalidated most of Myriad's related claims for diagnostic methods.

A New York federal judge had previously ruled that the DNA molecules isolated by Myriad fell within the realm of nonpatentable “products of nature” because the individual genes are not markedly different from the same DNA sequence found naturally.

But the appeals court said Myriad's BRCA1...
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