Association for Molecular Pathology et al. v. USPTO and Myriad Genetics: The Federal Circuit Again Affirms the Patentability of Isolated Human Genes

Fitzpatrick Case Update
August 2012

In a widely awaited decision, a panel for the Federal Circuit in Association for Molecular Pathology et al. v. USPTO and Myriad Genetics has held that (1) composition claims to isolated DNA molecules are patent-eligible subject matter, (2) Myriad’s method claims containing “comparing” and “analyzing” DNA sequence steps are patent-ineligible subject matter, but (3) Myriad’s method-of-screening claim involving transformed cells is patent-eligible subject matter. This follows the Supreme Court vacating the original Federal Circuit panel decision, and remanding the case for reconsideration in light of Mayo Collaborative Services v. Prometheus, Inc. 566 U.S.___, 132 S. Ct. 1298 (2012). The holdings of the new decision largely track those set forth in the prior panel decision.

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