December 1, 2012
Yesterday the U.S. Supreme Court granted a petition for a writ of certiorari in Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al. The grant of certiorari was limited to the question of whether human genes are eligible for patent protection under the patent statute. The Court left intact the Federal Circuit's earlier holding relating to the method claims in Myriad Genetic's patent, as discussed in more detail in our September 6, 2012 alert, and also left intact the Federal Circuit's judgment relating to declaratory judgment standing.
This is the second time that the Court has granted certiorari in this case. As reported in our March 26, 2012 alert, the Court first granted a writ of certiorari after issuing its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc.
Fitch Even attorneys are monitoring the progress of this case and will report once the Supreme Court has issued its decision.