Myriad gene patent case sparks concern among non-medical biotech companies
13 June 2012
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Eileen McDermott, New York
Twenty-three companies have sent a joint letter to the attorney general and solicitor general of the United States to ask that their concerns be considered as the government develops its position on the Myriad gene patent case
The Myriad case was remanded to the Federal Circuit in March following the Supreme Court’s decision in Mayo v Prometheus. Under the Prometheus decision, the Federal Circuit must reevaluate its July 2011 ruling in favour of Myriad Genetics.
While the claims at issue in Myriad are compositions of matter rather than diagnostic method claims, the letter’s authors are concerned that the Prometheus decision’s focus on so-called laws of nature being unpatentable may affect the outcome of Myriad this time around.
“Subjecting such inventions...
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