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Federal Circuit arguments in Myriad may worry biotech industry

Michael Loney, New York

The Federal Circuit's Myriad review could provide clarity about the scope of recent Supreme Court patent-eligibility decisions, but one pharma IP practitioner worries that “the biotech industry might feel storm-tossed after these oral arguments”

The Federal Circuit last week heard oral arguments in the case involving Myriad Genetics’ BRCA1/BRCA2 diagnostic tests. In its opening brief, Myriad said the case will decide whether it can enforce its patents or whether it “can patent almost nothing...

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