Federal Circuit Reaches Same Conclusion in Latest Myriad Genetics Decision | Practical Law
In its August 16, 2012 decision in Association for Molecular Pathology v. Myriad Genetics, Inc., the US Court of Appeals for the Federal Circuit reached the same conclusion as it did in its earlier vacated ruling. The same divided panel concluded that both Myriad's isolated DNA molecule claims and method claims covering the screening of potential cancer therapeutics by changes in certain cell growth rates are eligible for patent protection under Section 101 of the Patent Act. The Federal Circuit noted that the Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. does not control the patent-eligibility question of the isolated DNA molecule claims.