The Supreme Court Is Paying Attention To Patent Law Again

Law360, New York (April 1, 2013, 11:54 AM EDT) -- The U.S. Supreme Court's decision in Mayo v. Prometheus surprised many patent practitioners with both its reasoning and its expected impact in a fast developing industry. Yet, a close look at Justice Stephen Breyer's dissent from the denial of certiorari in Lab. Corp. in 2006 renders that surprise curious. Indeed, Justice Breyer had put the legal field on notice that the Supreme Court was paying attention to patent eligibility well before seemingly eliminating medical diagnostic patents with Prometheus. With Myriad V to be heard this term, the Supreme Court may further impact the future of patents supporting this field, as it addresses the patentability of isolated DNA sequences....

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