Tag Archives: Chakrabarty

My Myriad Nightmare

Now that the Supreme Court has issued its unanimous decision reversing the Federal Circuit decision in Prometheus, it is expected to decide the petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc. (the ACLU ”gene patenting”/BRCAI case), as early as Monday (March 26). Many are predicting that the Court will issue a “GVR” to … Continue reading this entry

Judge Dyk Doubts Patent-Eligibility of DNA Claims

In a case that did not present the issue, Judge Dyk wrote a separate opinion to express his views that a claim directed to “[a]n isolated DNA molecule” “raises substantial issues of patentable subject matter under 35 USC § 101.” The issues on appeal in Intervet Inc. v. Merial Ltd., related to claim construction and … Continue reading this entry