The final round – Supreme Court addresses patentability of genes
Abstract: It’s a case that had the biotech industry on pins and needles for years. At stake was whether naturally occurring DNA segments were patentable. In the final round, the U.S. Supreme Court found that they were not. But the finding didn’t apply to synthetic, man-made DNA. This article examines the case as it proceeded through the district and circuit courts, and ultimately the Supreme Court, which found that synthetically created “cDNA” didn’t present the same obstacles to patentability as naturally occurring, isolated DNA segments did. A sidebar discusses the circuit court’s ruling on the lawsuit’s method claims, which weren’t pursued before the high court.