BIO attendees, amici warn against extending Prometheus analysis to Myriad
19 June 2012
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Eileen McDermott, New York
Panellists at the BIO International Convention in Boston this week expressed serious concerns about what the Mayo v Prometheus decision could mean for the Myriad gene patent case in its second round at the Federal Circuit
Although some practitioners refuse to believe the court would go so far as to extend the Prometheus decision’s emphasis on the so-called law of nature exclusion to patentability to the Myriad composition claims, others – including several amici who have now submitted briefs in Myriad 2 – seem more sceptical.
Justice Annabelle Bennett of Australia’s Federal Court speaking on a BIO panel Monday wondered why the Supreme Court would have sent Myriad back to the Federal Circuit if it had not intended for the decision to be far-reaching, rather than narrowly confined to the claims at issue in the Prometheus patents....
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