Myriad Genetics Patent Struck Down!
As I'm sure most of you have heard, the US Supreme Court issued its ruling on the Myriad Genetics case today. There were no real surprises to speak of in the decision, as the court ruled exactly along the lines the executive branch asked it to. In an amicus curiae brief, lawyers for the US Department of Justice argued that whereas DNA sequences ought to not be eligible for patent protection, modified or so-called "complimentary" DNA does not qualify as a product of nature and is therefore patentable. The Supreme Court's ruling, authored by Justice Thomas, towed exactly this line.
We've covered this case previously on this blog (here, here and here) so I won't go into all of the details now. But there are a couple of things worth pointing out.
Myriad's argument that gene sequences are patent eligible because the act of isolating DNA turns a product of nature into an invention is a stretch, to say the least. Still, there was widespread concern that invalidat…
We've covered this case previously on this blog (here, here and here) so I won't go into all of the details now. But there are a couple of things worth pointing out.
Myriad's argument that gene sequences are patent eligible because the act of isolating DNA turns a product of nature into an invention is a stretch, to say the least. Still, there was widespread concern that invalidat…