Myriad Finally Gets Its Day in (the Supreme) Court


The Supreme Court today granted certiorari in Assoc. for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. (Myriad), to address the issue of whether human genes are patentable. This will be the second time the Court considers Myriad, but the first in which it takes up the patent-eligibility of human genes. The first time around, the Court granted certiorari, reversed, and remanded (“GVR”) to the Federal Circuit with instructions that it revisit its ruling in light of the Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., ___U.S.___ (March 20, 2012) (see our client alert).

That remand resulted in the Federal Circuit’s wholesale re-affirmance of its prior ruling, now on review. Specifically, the Federal Circuit ruled that (1) isolated DNA molecules are patent-eligible, (2) Myriad’s method claims including only the steps of “analyzing” and “comparing” certain DNA sequences were not patent-eligible in light of Prometheus, and (3) Myriad’s method claim including the step of growing transformed cells in the presence or absence of a potential cancer therapeutic was sufficiently transformative to render the claim patent-eligible under § 101.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:


Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.