Breast Cancer Gene Patent Case Survives Bids To Toss

Law360, New York (November 3, 2009, 5:07 PM EST) -- A landmark case against the U.S. Patent and Trademark Office and Myriad Genetics Inc. over the patentability of human genes can move forward, a federal judge has said.

Judge Robert Sweet of the U.S. District Court for the Southern District of New York denied dismissal motions from the two defendants in an order issued Monday.

Judge Sweet rejected arguments that the court lacked subject matter jurisdiction and said that the plaintiffs — breast cancer patients, genetic counselors, researchers and civil rights advocates — had standing to...
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