The Federal Circuit Hears Oral Arguments In Myriad Isolated DNA Case
Mondaq Business Briefing › United States Law Articles in English (2011)
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The Federal Circuit Hears Oral Arguments In Myriad Isolated DNA Case
On April 4, 2011, Judges Lourie, Bryson, and Moore at the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Association for Molecular Pathology v. U.S. Patent & Trademark Office, No. 09-Civ-4515, i.e., the ACLU/Myriad "gene patenting" case. On appeal is the March 29, 2010 summary judgment decision of the U.S. District Court for the Southern District of New York (Sweet, J.) that invalidated the challenged claims in seven Myriad patents as patent-ineligible under 35 U.S.C. § 101.
The panel was interested in both the standing/jurisdiction issue and the substantive patent-eligibility issue, so the parties divided their time between both issues. The U.S. Department of Justice (DOJ) also was given time to p...See the full content of this document
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