Patent Law Trumps Policy In Myriad Cancer Gene Decision

Law360, New York (August 16, 2012, 10:14 PM EDT) -- The Federal Circuit's Thursday ruling affirming the validity of breast cancer genes isolated by Myriad Genetics Inc. makes clear that the court's decision on whether an invention is eligible for a patent will be based on patent law, not political considerations, attorneys said.

In concluding that the U.S. Supreme Court's Mayo v. Prometheus decision does not alter its previous finding that isolated DNA is a man-made invention entitled to patent protection, the appeals court said the case is only about whether Myriad's patents meet the threshold...
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