In a closely watched case with huge repercussions for the biotechnology industry, a federal appeals court has held for the second time that isolated human genes are patent-eligible.
A split panel of the U.S. Court of Appeals for the Federal Circuit, hearing the case on remand from the U.S. Supreme Court, yesterday echoed its divided July 2011 ruling. The case concerns Myriad Genetics Inc.’s composition and methods claims involving isolated human “BRCA” genes, whose mutations are associated with a predisposition to breast and ovarian cancers.
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