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Myriad ruling is a signal to the Supreme Court

Eileen McDermott, New York

The Federal Circuit’s recent decision in the Myriad gene patent case could be a signal to the Supreme Court to take up the case, said one speaker during a webcast held yesterday

Professor Lawrence Sung of the University of Maryland School of Law and a partner at Dewey & LeBoeuf said that the Federal Circuit recognises its duty, as the exclusive appellate court for patent cases, to indicate to the High Court when there are unresolved issues highlighted by a particular case.

"What [the Federal Circuit] does at this stage is an important signalling mechanism to the Supreme Court," said Sung. "The Supreme Court often takes up cases on cert petition because there are divergent views among the regional circuits, and you simply will not have that dynamic with the CAFC. So a lot of the judges take it upon themselves to offer, not necessarily contradictory opinions, but opinions that go to the edges and various aspects of [the issues]."

In the Federal Circuit's...

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