In an unusual (if not unprecedented) move, the Solicitor General of the United States wrote a letter to the Federal Circuit asking that oral argument in Association for Molecular Pathology v. Myriad Genetics be scheduled for April 4, 2011. The Solicitor General (Neal Katyal) noted that “the United States will file an unopposed motion to participate in the oral argument” and that he intends to ”personally be presenting the oral argument on behalf of the United States.”
Tag Archives: Nature
Testing The Separation Of Powers: Will The Federal Circuit Rule Against The Department Of Justice On The Patent-Eligibility of DNA Claims?
Posted in 101; Myriad; Personalized MedicineIn a move that surprised many in the U.S. patent community, the Department of Justice filed a brief in the Federal Circuit appeal of Association for Molecular Pathology v. USPTO, arguing against the patentability of isolated genomic DNA sequences. This brief may raise the stakes in the appeal, and certainly shines a brighter spotlight on a case that already has garnered far more general media attention than any other patent case.
