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Federal Circuit keeps Myriad standing question open

Karen Bolipata, New York

The Court of Appeals for the Federal Circuit yesterday denied the plaintiffs’ request for rehearing in their case against the USPTO and Myriad Genetics, but kept the diagnostic company’s petition for rehearing over standing

This leaves open the panel’s conclusion that the patent challengers no longer have standing to continue with an appeal in this case.

According to the petition filed by Jones Day’s Gregory Castanias, Myriad is challenging...

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