Doubling down — The latest on patentability of “isolated” DNA molecule

Description

Abstract: Members of the biotech industry were much relieved in 2011 when a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held that an “isolated” DNA molecule is patentable. However, in another case, the U.S. Supreme Court held that the methods at the heart of a diagnostic test weren’t patentable. Taking this into account, the Federal Circuit issued a second ruling that was once again positive news for the biotech industry. This article examines the case, but a sidebar notes that further review may be on the horizon. Citation: Association for Molecular Pathology v. U.S. Patent and Trademark Office and Myriad Genetics Inc., No. 2010-1406, Aug. 16, 2012 (Fed. Cir.); Mayo Collaborative Svcs. v. Prometheus Laboratories, Inc., No. 10-1150, March 20, 2012 (Supreme Court)