On Monday, the Court of Appeals for the Federal Circuit (CAFC) heard oral arguments in the Myriad case (AMP v. USPTO). This case concerns several patents licensed by Myriad Genetics that involve the BRCA1 and BRCA2 genes, which are implicated in breast cancer. The questions before the Court include whether patents claiming “isolated DNA” and certain diagnostic methods are patent-eligible subject matter under 35 U.S.C. 101. The issue of standing is also before the Court.
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