The Federal Circuit Court of Appeals has scheduled briefing and oral argument in Association for Molecular Pathology v. U.S. Patent and Trademark Office (Myriad Genetics), which the U.S. Supreme Court remanded for reconsideration in light of the Court’s ruling in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012). At issue is whether isolated DNA is patent eligible; additional details about the case appear in Issue 18 of this Bulletin. Briefs must be submitted by June 15, 2012, and the court will hear argument on July 20 as to this question: “What is the applicability of the Supreme Court’s decision in Mayo to Myriad’s isolated DNA claims and to method claim 20 of the ‘282 patent?” See Bloomberg BNA Life Science Law & Industry Report, May 4, 2012.
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Argument on remand scheduled in Myriad Genetics
- Shook Hardy & Bacon LLP
- John D. Garretson, Patrick Henderson, Chris A. Johnson, Madeleine McDonough and Thomas T. Moga
- May 17 2012
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