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Keywords

patent

plaintiffmotionpatent

Related Cases

Association for Molecular Pathology v. U.S. Patent and Trademark Office, 702 F.Supp.2d 181, 94 U.S.P.Q.2d 1683

Facts

Issue

Are isolated human genes and the comparison of their sequences patentable?

Rule

Analysis

The court analyzed the claims in light of the established legal principles regarding patent eligibility. It found that the isolated DNA did not possess markedly different characteristics from native DNA and that the methods of analyzing gene sequences were abstract ideas. The court emphasized that the claims did not meet the requirements for patentability as they were directed to natural phenomena and laws of nature.

Conclusion

The court held that the patents for isolated DNA containing breast cancer susceptibility genes and for methods of analyzing gene sequences were invalid.

Ordered accordingly.

Who won?

The motion of Plaintiffs to declare the claims-in-suit invalid is granted, the cross-motion of Myriad is denied, and the motion of the USPTO is granted.

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