Legal Alert - Will the Myriad Gene Patent Claims Be Found to Have "Added Enough?"
Will the Myriad Gene Patent Claims Be Found to Have “Added Enough?”
by Chuck Hauff, Bill Mulholland and Jeremy Kapteyn
On Monday, March 26, 2012, the U.S. Supreme Court sent the Myriad gene patent case back to the Federal Circuit in light of its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 US ____ (2012). The prior Federal Circuit decision, issued by a divided panel in July of 2011, generally upheld the patentability of genes and genetic methods. Late last year, a petition for certiorari was filed before the Supreme Court. Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office, 653 F.3d 1329 (Fed. Cir. 2011), petition for cert. filed sub nom, Ass’n for Molecular Pathology v. Myriad Genetics, Inc. (Dec. 7, 2011) No. 11-725. Monday’s decision granted certiorari and summarily vacated that prior decision, remanding the case back to the Federal Circuit for further consideration in light of Prometheus....