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DOJ Tries to Be All Things to All Constituencies in Myriad Amicus Brief

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

By Kevin E. Noonan -- The United States government (or at least that part of it constituting the Department of Justice) has filed an amicus curiae brief in the AMP v. USPTO case (Myriad) in which it advocates a change in policy regarding the patent-eligibility of isolated genomic DNA. Written by two DOJ officers with little evident background in science, technology, or patent law (there are no USPTO lawyers on the brief), the brief makes a distinction between isolated DNA that is the subject of "human manipulation" (such as cDNA) that it argues is patent-eligible, and human DNA that has...

Full post as published by Patent Docs on November 01, 2010 (boomark / email).