Fed. Circ. OKs Myriad's Gene Patents In Light Of Prometheus

Law360, New York (August 16, 2012, 1:52 PM EDT) -- The Federal Circuit on Thursday once again held that breast cancer genes isolated by Myriad Genetics Inc. are patent-eligible subject matter, affirming its earlier ruling in the case in light of the Supreme Court's recent Prometheus decision.

As it did in its previous decision, from July 2011, the appeals court ruled 2-1 that Myriad's patents on genes associated with a heightened risk of breast cancer are valid and rejected claims by a group of doctors that isolated DNA cannot be eligible for a patent because it...
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