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Expert Analysis

A Blow To Gene Patenting: Impact On Innovators

Law360 (May 13, 2010, 11:51 AM EDT) -- In a decision that shocked many in the patent community, the U.S. District Court for the Southern District of New York recently ruled that isolated DNA sequences are not patentable subject matter.[1] A diverse group of plaintiffs, including patients, researchers, doctors and medical organizations (represented by the ACLU) attacked patents controlled by Myriad Genetics relating to breast cancer gene sequences, and they won on summary judgment. Whatever the ultimate outcome on appeal, the Myriad case has broad significance for industry, science and the public....

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