On April 15, 2013, the Supreme Court will hear oral arguments in the Myriad Genetics v. Association for Molecular Pathology litigation. The patent world is watching, particularly those who focus on emerging technologies. On March 14, 2013, the NanoBusiness Commercialization Association filed a brief in support of Myriad Genetics (brief prepared by Foley & Lardner, LLP). In addition to arguing that the patent claims should be patent eligible, which is the essence of the case, the brief also argues that patents do not preempt others from experimenting on, improving upon, or designing around a patented invention. With today being the first day of the new first-to-file regime, patent lawyers of all stripes are busy these days keeping up with dramatic changes to the patent system. The Supreme Court could use the Myriad case to establish a new paradigm for patent eligibility. Stay tuned.
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