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IP News

By Jeffrey S. Ginsberg and Joseph Mercadante

Supreme Court Agrees to Hear Two Important Patent Cases

The Supreme Court has granted certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, limited to a single question: Are human genes patentable? The case began in the Southern District of New York, where the plaintiff filed a declaratory judgment action seeking a decision that claims of Myriad's patents were invalid. The district court granted plaintiff's motion for summary judgment of invalidity, essentially holding that all claims to human genes are not patentable under 35 U.S.C. ' 101. 669 F. Supp. 2d 365, 369-76 (S.D.N.Y. 2010). The Federal Circuit heard the appeal, and after a rehearing in light of the Supreme Court's decision in Mayo Collaborative Services v. Prometheus, Inc., 566 U.S. __, 2012, held that Myriad's claims to isolated DNAs were eligible for patent protection, while the claims directed to comparing and analyzing gene sequences were not. Association for Molecular Pathology v. U.S. Patent & Trademark Office, 689 F.3d 1303 (Fed. Cir. 2012).

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