On Friday, the Federal Circuit heard oral arguments once again in the case of Association for Molecular Pathology v. Myriad Genetics, Inc. (the “Myriad case”). Last April, the Federal Circuit held its first round of oral arguments and decided that “isolated” DNA molecules do not exist in nature, and are therefore patent-eligible subject matter under 35 USC 101, and that Myriad’s claims to a method for screening potential cancer therapeutics via changes in cell growth rates is not merely a scientific principal, and therefore are also patent-eligible under 35 USC 101. AMP appealed to the U.S. Supreme Court, who remanded the case back to the Federal Circuit to consider whether the recent U.S. Supreme Court decision of Mayo v. Prometheus (which dealt with the patent eligibility of diagnostic method claims) has any bearing on the Myriad case. After briefing on this point, each side had an opportunity to argue their respective positions.
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