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.”
