Prometheus Unlikely To Sway Fed. Circ.'s Myriad Ruling

Law360, New York (July 20, 2012, 8:53 PM EDT) -- The Federal Circuit seems unlikely to change its previous finding that breast cancer genes isolated by Myriad Genetics Inc. are patentable, attorneys said after Friday's oral arguments on whether the U.S. Supreme Court's Prometheus decision, which found a blood testing method unpatentable, should affect the Myriad case.

The high court asked the Federal Circuit to reconsider the Myriad case in light of the finding in Mayo v. Prometheus, but the three-judge panel appeared skeptical that the March ruling should have any effect on the Myriad case, since the two cases involve different types of claims.

"Mayo dealt with method claims and...

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