The standards by which genetic research is viable for intellectual property protection are being debated in the case involving Myriad Genetics Inc. (MYGN). MYGN is looking to patent a test that compares a known genetic sequence associated with breast cancer to a patient’s DNA in order to determine the probability of being diagnosed with the disease. “It may be the first time the solicitor general, the nation’s top courtroom lawyer, argues in the Federal Circuit since its creation in 1982”, said Don Dunner, partner at Finnegan.
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