Myriad Genetics to Appeal S.D.N.Y. Ruling March 31, 2010
Yesterday, Myriad Genetics expressed their disappointment and announced their plans to appeal Monday’s ruling which invalidated seven patents related to BRCA1 and BRCA2 genes and diagnostic testing for breast and ovarian cancer.
Given the highly contentious nature of patents related to human genetic material, it’s not really surprising that Myriad plans to appeal. I would even expect this litigation to be drawn out over the next several years–potentially to the point of Supreme Court review.
Another thing to keep in mind is that because these patents involve claims over methods of diagnostic processes (which arguably consist of mental steps) and gene isolation techniques, these types of patents may be subject to the Bilski case, which is still pending before the Supreme Court. The highly anticipated Bilski ruling is expected in the coming months.
Keep in mind we’ll be covering this case on this week’s podcast!
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