Technically Legal

We still haven’t gotten a chance to read through the 156 page opinion invalidating some patents relating to the Breast Cancer genes (BRCA), but Kevin Noonan has a post which echos my initial thoughts. I think the judge decided the case wrong under existing caselaw. The Supreme Court, recently, has taken a broad view of what is and is not patentable, and isolated, purified, or synthetic versions of naturally occurring substances are patentable.

I’m not passing judgment, here, on whether genes should be patentable, just commenting on the current state of the law. We’ll have more to say on this once we’ve made our way through the lengthy opinion.

Related posts:

1. ACLU v. Myriad: S.D.N.Y. Invalidates Human Gene Patents After nearly three years of litigation in ACLU v. Myriad...
2. Martin Goetz’s Perspective on Software Patents This afternoon I came across Martin Goetz’s guest article on...
3. Apple Sues HTC Over iPhone Patents This is still breaking, so we’ll have more coverage as...