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LeClairRyan | USA | 14 Jun 2013

Isolated, naturally occurring DNA not patent eligible

The U.S. Supreme Court ruled on June 13, 2013, in a unanimous opinion, that naturally occurring, isolated DNA is not eligible for patent protection


LeClairRyan | USA | 1 Aug 2011

Federal Circuit rules in favor of Myriad: isolated DNA claims are patent-eligible subject matter

On Friday July 29, 2011, the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") rendered its decision on the appeal by Myriad Genetics, Inc. ("Myriad") of the lower court decision in Ass'n for Molecular Pathology v. U.S. Patent and Trademark Office ("PTO") (No. 2010-1406), which had held that fifteen claims directed to isolated DNA molecules or to methods of use are patent-ineligible under 35 U.S.C. 101.

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