Federal Circuit Reaffirms the Patentability of Isolated DNA in Association for Molecular Pathology v. Myriad
- Robert W. Esmond, Ph.D. & Eric K. Steffe
- Sterne, Kessler, Goldstein & Fox
On August 16, 2012, the U.S. Court of Appeals for the Federal Circuit issued another split decision in Association for Molecular Pathology v. Myriad Genetics, No. 2010-1406 (Myriad). Each of the three categories of claims under review in Myriad revolved around the discovery that certain mutations in the BRCA1 and BRCA2 genes correlate with an increased risk of breast and ovarian cancers.
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