Tuesday, 03 December 2013 14:30

US SUPREME COURT TO END GENE PATENT DEBATE

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On Friday, the U.S. Supreme Court granted certiorari in the Association for Molecular Pathology v. Myriad Genetics case.  As noted in our previous posts, this case deals with whether patent claims directed to "isolated DNA sequences" are patent eligible subject matter under the patent laws, in connection with the BRCA-1 and BRCA-2 genes involved in breast cancer.

Notably, the Supreme Court only granted certiorari, and therefore will only hear arguments and render a decision on the following question:

          "Are human genes patentable?"

The other two questions presented were denied.  Therefore the Federal Circuits prior decisions remain intact: (1) Myriad's method claims of using transformed cells are patent eligible under Mayo v. Prometheus, and (2) plaintiffs seeking declaratory judgment must have actual injury to have standing to bring suit.

Based on this limited scope of review, it appears that the U.S. Supreme Court will finally end the debate for gene patents, and will hopefully provide some meaningful guidance in terms of scope.  We anticipate a decision may come in late spring of 2013.

Read 2537 times Last modified on Tuesday, 30 April 2013 17:58
Jessica Hauth

Ms. Hauth earned her bachelor's degree in Chemistry and her master's degree in Biochemistry, Cell and Developmental Biology from Emory University, and her law degree from the University of Miami School of Law. She has published her research in the areas of developmental biology, genetics, heterochromatin assembly and maintenance, and RNAi use and characterization. She is a member of the American Chemical Society, American Intellectual Property Law Association, Dade County Bar Association, and Phi Alpha Delta. She is admitted to practice law in Florida state courts, as well as in the United States District Court for the Southern District of Florida. As a Registered Patent Attorney, she concentrates her practice on Patent Prosecution and Intellectual Property Litigation.