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Myriad ruling muddied by ACLU petition

Eileen McDermott, New York

A petition for rehearing by the Federal Circuit filed last week by the plaintiffs in the Myriad case reveals how the court’s analysis could further complicate the landscape for gene patents

The petition, filed by the American Civil Liberties Union and the Public Patent Foundation on behalf of the plaintiffs in Association for Molecular Pathology v the USPTO and Myriad Genetics, claims that the majority opinion erred on two key points.

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