Surviving The 'Magic Microscope' Test

Law360, New York (August 4, 2011, 1:57 PM EDT) -- In a long-awaited decision issued July 29, 2011, the federal appeals court responsible for patent matters reversed a lower court decision that had threatened to eliminate all “gene patents.” In the case of Association for Molecular Pathology v. Myriad Genetics a three-judge panel of the Court of Appeals for the Federal Circuit in large part overturned a New York federal district court decision from last April. The suit had been brought by several medical societies, physicians and individual cancer patients, seeking to invalidate several so-called “gene...
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