After filing petitions for rehearing before the Federal Circuit Court of Appeals panel that split over whether genetic discoveries can be patented, the parties have apparently changed course and indicated their intent to petition the U.S. Supreme Court for review. Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office (Myriad Genetics, Inc.), No. 2010-1406 (Fed. Cir., decided July 29, 2011).
According to a news source, the American Civil Liberties Union and Public Patent Foundation, which brought the suit against Myriad Genetics and the University of Utah Research Foundation on behalf of public, patient and scientific interests, plan to file a petition for certiorari by the December 2011 deadline. Myriad is also apparently considering filing its own petition from part of the Federal Circuit’s ruling. Additional information about the appellate court decision appears in Issue 18 of this Bulletin. See The Salt Lake Tribune, October 12, 2011.