In This Issue:

• Isolated DNA not Patent Eligible

• Appeals Before Damages and Willfulness Determination OK

• Reverse Payment Settlement Agreements May be Invalid

- Excerpt from Isolated DNA not Patent Eligible:

In Association For Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, the Supreme Court affirmed in part and reversed in part the Federal Circuit’s opinion which, on remand, had found both isolated DNA and cDNA patent eligible.

Respondent Myriad Genetics, Inc. (Myriad) obtained several patents after discovering the precise location and sequence of the BRCA1 and BRCA2 genes. Petitioners filed suit seeking a declaration that Myriad’s patents were invalid under 35 U.S.C. §101. The district court granted summary judgment to Petitioners, concluding that Myriad’s claims were invalid because they covered products of nature. The Federal Circuit initially reversed, but on remand in light of Mayo Collaborate Services v. Prometheus Laboratories, Inc., it ultimately found both isolated DNA and cDNA patent eligible.