Intellectual Property
Apr. 19, 2012
The future of patenting genes and biological molecules: when is 'enough' enough?
Biotech firms are holding their breath now that the Supreme Court has sent Myriad back down for consideration in light of Prometheus. By Dr. John Wetherell of Pillsbury Winthrop Shaw Pittman LLP
Now that the U.S. Supreme Court has sent the other Myriad gene patent case back to the Federal Circuit for consideration of its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 US __ (2012), the biotech industry is collectively holding its breath. The Myriad case contains claims that are in three general categories: claims to compositions of isolated DNA; claims to methods of using the genes ...
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