Association for Molecular Pathology v. United States Patent and Trademark Office < /a > . Known as the lawsuit against Myriad Genetics, this case was posed to answer the < a href= " http://www.nytimes.com/2010/03/30/business/30gene.html?adxnnl=1 & amp;ref=health &..."> Association for Molecular Pathology v. United States Patent and Trademark Office < /a > . Known as the lawsuit against Myriad Genetics, this case was posed to answer the < a href= " http://www.nytimes.com/2010/03/30/business/30gene.html?adxnnl=1 & amp;ref=health &..." /> Association for Molecular Pathology v. United States Patent and Trademark Office < /a > . Known as the lawsuit against Myriad Genetics, this case was posed to answer the < a href= " http://www.nytimes.com/2010/03/30/business/30gene.html?adxnnl=1 & amp;ref=health &..." />

Judge Grants Partial Summary Judgment to Plaintiffs: Myriad ' s Gene Patents Are Invalid

On March 29, Judge Sweet issued a ruling in < a href= " http://news.justia.com/cases/featured/new-york/nysdce/1:2009cv04515/345544/ " > Association for Molecular Pathology v. United States Patent and Trademark Office < /a > . Known as the lawsuit against Myriad Genetics, this case was posed to answer the < a href= " http://www.nytimes.com/2010/03/30/business/30gene.html?adxnnl=1 & amp;ref=health & amp;adxnnlx=1269950809-ZvxVy0GnNJRAMLCvq49QtA " > widely debated < /a > question of whether human genes are patentable. In a 152 page < a href= " http://graphics8.nytimes.com/packages/pdf/national/20100329_patent_opinion.pdf " > opinion < /a > , the Court comprehensively addressed whether the defendants ’ patents were valid under the standards set forth in 35 USC § 101 and patent law’s subsequent precedent. < br / > < br / > For more information on the case, see our < a href= " http://predicter.blogspot.com/2009/11/lawsuit-challenging-myriads-brca1-and.html " > previous posting < /a > and our < a href= " http://bioethics.iu.edu/documents/predicter/drabiak_genepatents.pdf " > Law & amp; Policy Update < /a > . < br / > < br / > Judge Sweet granted partial summary judgment in favor of the plaintiffs related to both the composition and the method claims, finding as a matter of law defendants ’ patents were invalid under 35 USC § 101. (For more on the significance of summary judgment, see Genomic Law Report’s < a href= " http://www.genomicslawreport.com/index.php/2010/03/30/pig...
Source: PredictER Blog - Category: Medical Ethics Authors: Source Type: blogs