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Article

Cadwalader Wickersham & Taft LLP | USA | 2 Jul 2013

Supreme Court rules that a naturally occurring DNA segment is not patent eligible, but cDNA may be patent eligible

After years of uncertainty about the patent eligibility of DNA under 101, the Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics

Article

Cadwalader Wickersham & Taft LLP | USA | 26 Sep 2011

Federal Circuit holds isolated DNA is statutory subject matter under s101

In a decision long awaited by the biotechnology industry, the Federal Circuit has held that claims to isolated DNA are patent-eligible subject matter under 35 USC 101 as compositions of matter that do not occur in nature, reversing the lower court ruling.

Article

Cadwalader Wickersham & Taft LLP | USA | 13 Jul 2010

District court rules that isolated genes are unpatentable products of nature

In a decision that could have far-reaching effects on the U.S. biotechnology industry if it is affirmed on appeal, the U.S. District Court for the Southern District of New York has ruled that several patents claiming isolated human genes associated with breast cancer are invalid on the ground that the claimed genes are "products of nature."

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