ARE Patent Law Alert:
On Remand, Federal Circuit Maintains Previous Holding That Isolated DNA Is Patent-Eligible But Methods Of Comparing Or Analyzing Isolated DNA Are Patent-Ineligible

(August 16, 2012)  On August 16, 2012, the Federal Circuit released its highly anticipated decision in Ass’n for Molecular Pathology v. USPTO and Myriad Genetics, No. 2010-1406 (Fed. Cir. August 16, 2012) (“Myriad”), on remand from the U.S. Supreme Court, concerning the patent-eligibility of isolated DNA under 35 U.S.C. § 101. The patents at issue […]