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Federal Circuit dissects Myriad arguments

Eileen McDermott, New York

The judges’ questioning in Association for Molecular Pathology v the USPTO and Myriad Genetics yesterday seemed to lean slightly in favour of Myriad, according to those attending the oral argument

Although the three-judge panel spent much of its time focusing on the technical issue of whether the plaintiffs had standing to sue, the judges did address the merits of the case.

Judge Lourie, who has a background in organic chemistry,...

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