Addressing patent eligibility for the third time in less than a year, the
Federal Circuit affirmed the long-standing rule that an isolated gene is patent
eligible subject matter. However, it was the concurring and dissenting judges
that agreed on the test to be used to determine eligibility. The fractured...
"Myriad Case" is the first decision to specifically address whether DNA
isolated from its natural state is patentable subject matter. The Federal
Circuit found that isolated DNA is patentable subject matter thereby reversing
the decision of the district court. However, with regard to the...