On March 26, 2012 the U.S. Supreme Court ordered the Federal Circuit to take another look at finding that breast cancer genes isolated by Myriad Genetics, Inc. are patentable, in light of the high court’s Mayo v. Prometheus decision that methods covering laws of nature alone are unpatentable. Finnegan partner Erika H. Arner stated, “The forceful decision in Prometheus means that the Federal Circuit has its work cut out for it in reviewing the Myriad case on remand. The Federal Circuit is going to have to explain to the extent that isolated genes originated in a human subject, was enough done to natural subject matter to create a patentable invention.” Additionally, “the appeals court will also have to address in some way the Supreme Court’s statement in Prometheus that patents involving laws of nature could have the effect of inhibiting future innovation.”
Commentary
April 11, 2024
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.