August 4, 2011
The Federal Circuit’s July 29 decision in the Myriad Genetics case is on Westlaw at 2011 WL 3211513.
In sum, although the parties and the government appear to agree that isolated DNAs are compositions of matter, they disagree on whether and to what degree such molecules fall within the exception for products of nature. As set forth below, we conclude that the challenged claims to isolated DNAs, whether limited to cDNAs or not, are directed to patent-eligible subject matter under § 101.
The Ass’n For Molecular Pathology v. U.S. Patent & Trademark Office, 2010-1406, 2011 WL 3211513 (Fed. Cir. July 29, 2011)