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Perspective

Jun. 26, 2013

Myriad conflicts with real world molecular biology

A reasonable application of the human intervention standard would have resulted in a more balanced result. By Michael H. Anderson, Daniel M. Cislo and Mark D. Nielsen


By Michael H. Anderson, Daniel M. Cislo and Mark D. Nielsen


In a unanimous opinion, on June 13, the Supreme Court drew a sharp line between isolated DNA (not patentable subject matter) and cDNA (patentable subject matter). See Association for Molecular Pathology v. Myriad Genetics, 2013 DJDAR 7484 (2013). In so doing, the court affirmed in part and reversed in part the Federal Circuit's decision regarding the subject matter eligibility of Myriad's ...

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