• Federal District Court Strikes Down Gene Patents, Ruling that Claims to Isolated DNA and Related Methods for Diagnosis Are Not Patentable Subject Matter
  • April 20, 2010 | Authors: Scott W. Doyle; Adam P. Noah; Vicki S. Veenker
  • Law Firms: Shearman & Sterling LLP - Menlo Park Office ; Shearman & Sterling LLP - Washington Office ; Shearman & Sterling LLP - Menlo Park Office
  • On March 29, 2010, the U.S. District Court for the Southern District of New York ruled that isolated DNA and methods of using DNA sequences for diagnosis are not patentable subject matter. The ruling by U.S. District Judge Robert Sweet in Association for Molecular Pathology v. U.S. Patent and Trademark Office will likely be appealed and the forthcoming US Supreme Court decision in In re Bilski, which also addresses patentable subject matter, may impact the ruling as well. Thus, the ruling by Judge Sweet is probably not the last word on gene patents.