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Myriad Appeals AMP v. USPTO Decision

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Myriad Genetics, for itself as well as the named defendant Directors of the University of Utah Research Foundation, filed a Notice of Appeal today in Association for Molecular Pathology v. U.S. Patent and Trademark Office. As a consequence, the decision by Judge Robert Sweet holding that patents to human genes were not statutory subject matter as being the "physical embodiment of genetic information" will be reviewed by the Federal Circuit, and perhaps ultimately, the U.S. Supreme Court. The Federal Circuit has not yet set a briefing schedule, which Patent Docs will post when it becomes...

Full post as published by Patent Docs on June 16, 2010 (boomark / email).