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Oral Arguments Heard By Federal Circuit in Myriad Gene Patent Case



byLori M. Brandes
Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington Office

Robert W. Esmond
Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington Office

July 26, 2012

Previously published on July 24, 2012

On July 20, 2012, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in The Association for Molecular Pathology v. USPTO (Myriad). This important case considers whether isolated genes are patent eligible subject matter under 35 U.S.C. § 101 in view of the Supreme Court's recent decision in Mayo v. Prometheus, which held a method applying an abstract idea through conventional and routine techniques was not patent eligible.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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