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Sheppard Mullin Richter & Hampton LLP | USA | 4 Aug 2011

Federal Circuit holds that "isolated DNA molecules" are patentable subject matter and method claims merely "comparing" or "analyzing" are not

The Federal Circuit issued its much-anticipated decision in The Association for Molecular Pathology v. United States Patent and Trademark Office on July 29, 2011.


Sheppard Mullin Richter & Hampton LLP | USA | 1 Apr 2010

District court holds gene sequences not patentable subject matter

On March 29, 2010, in the highly publicized and closely watched case of Association for Molecular Pathology, et al v. U. S. Patent and Trademark Office, et al. (real parties in interest patent holders Myriad Genetics and the University of Utah Research Foundation), the District Court in the Southern District of New York granted summary judgment in favor of Plaintiffs and held that 15 claims in Myriad’s 7 patents relating to human BRCA1 and BRCA2 genes (Breast Cancer Susceptibility genes 1 and 2) (collectively “BRCA12”) are invalid because they claim non-patentable subject matter.

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