Later today the Federal Circuit will hear oral arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), which is on remand in view of the Supreme Court decision in Mayo v. Prometheus.
In advance of today’s hearing, the Federal Circuit asked for briefing on the following issue:
What is the applicability of the Supreme Court’s decision in Mayo to Myriad’s isolated DNA claims and to method claim 20 of the ’282 patent?
You can find my articles reviewing the parties’ briefs, the government brief, Eli Lilly’s briefs, the briefs of several intellectual property associations, and two non-legal briefs here.
I plan to attend the oral arguments today, but you can listen to them yourself once the recording is made available on the Federal Circuit website (which should be by the end of the day).