Recent Life Sciences Patent Cases: Sound The Alarm?
December 6, 2012, 4:21 PM EST
Law360, New York (December 6, 2012, 4:21 PM EST) -- First, there was Mayo v. Prometheus, where the Supreme Court found the medical diagnostic methods at issue were not patentable subject matter. Then, the court sent Myriad back to the Federal Circuit, for further consideration of whether isolated DNA sequences are patentable. It will soon hear that case again — certiorari was just granted.
The Supreme Court has also granted review in Bowman v. Monsanto on whether patent exhaustion applies to self-replicating plant seed technologies. And now, a new petition is pending before the Supreme Court...