Appeals Court Could Uphold Gene Patents, Legal Experts Say

This article discusses Assn. for Molecular Pathology v. U.S. Patent and Trademark Office et al., and looks to legal experts on their thoughts regarding what the "appeals judges appeared to show their hand during re-arguments."  Finnegan senior counsel, David S. Forman, Ph.D., provided commentary.  Dr. Forman stated he would be “very surprised if the federal circuit rules substantially different from the first decision.”  He also said, “It is probable that it’ll go back to the Supreme Court because it’s so controversial.  Because of Prometheus, there is more uncertainty as to what the Supreme Court might do with this.”