On August 16, 2012, the U.S. Court of Appeals for the Federal Circuit handed down its opinion in the case of Ass’n for Molecular Pathology v. U.S. Patent & Trademark Office (No. 2010-1406) (see PDF here). At issue in this case was whether Myriad Genetics, Inc.’s claims for certain compositions of matter (isolated DNA molecules) and methods (one screening potential cancer therapeutics and others comparing or analyzing DNA sequences) were drawn to patent-ineligible subject matter under 35 U.S.C. § 101. The Court decided that Myriad’s claims covering the isolated DNA molecules were patent eligible because they claimed nonnaturally occurring compositions of matter. The Court decided that Myriad’s method claim to screen potential cancer therapeutics was also patent eligible because it relied upon changes in growth rates of nonnaturally occurring cells transformed by human effort. The Court decided that Myriad’s claims directed to comparing or analyzing DNA sequences were patent ineligible, however, because they covered only abstract mental steps.
Should you have any questions, please contact Spencer Goodson at 317.977.1416 or sgoodson@hallrender.com.
