• The United States Court of Appeals for the Federal Circuit Rules That Isolated DNA Is Patent Eligible
  • August 22, 2011 | Author: W. Murray Spruill
  • Law Firm: Alston & Bird LLP - Durham Office
  • On July 29, 2011, the U.S. Court of Appeals for the Federal Circuit issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., a case that has been closely watched by the biotechnology community. The Federal Circuit affirmed the district court’s ruling that at least one plaintiff has standing to challenge the validity of Myriad’s patents and further affirmed that most of the method claims in question are invalid. However, the Federal Circuit reversed the district court’s ruling that Myriad’s composition claims, which are drawn to isolated DNA molecules and complementary DNAs (cDNAs), are unpatentable under § 101.