Association for Molecular Pathology v. Myriad Genetics, Inc.

 
DOCKET NO.
OP. BELOW
SUBJECT
Patent
AUTHOR
Thomas

Question(s) Presented

“[W]hether a naturally occurring segment of deoxyribonucleic acid (DNA) is patent eligible under 35 U.S.C. ยง 101 by virtue of its isolation from the rest of the human genome. We also address the patent eligibility of synthetically created DNA known as complementary DNA (cDNA), which contains the same protein-coding information found in a segment of natural DNA but omits portions within the DNA segment that do not code for proteins.”

Holding

“[W]e hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring.”

Posts About this Case

Date
Proceedings and Orders
April 15, 2013