Ass'n for Molecular Pathology v. Myriad Genetics

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In Ass'n for Molecular Pathology v. Myriad Genetics, the U.S. Supreme Court invalidated a patent on DNA by holding that:

Respondent Myriad Genetics, Inc. (Myriad), discovered the precise location and sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer. Myriad obtained a number of patents based upon its discovery. This case involves claims from three of them and requires us to resolve whether a naturally occurring segment of deoxyribonucleic acid (DNA) is patent eligible under 35 U. S. C. §101 by virtue of its isolation from the rest of the human genome. We also address the patent eligibility of synthetically created DNA known as complementary DNA (cDNA), which contains the same protein-coding information found in a segment of natural DNA but omits portions within the DNA segment that do not code for proteins. For the reasons that follow, we hold that [1] a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring. We, therefore, affirm in part and reverse in part the decision of the United States Court of Appeals for the Federal Circuit.

Ass'n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576, 579-80 (2013).

As of September 26, 2022, this landmark decision has been cited a remarkable 2808 times, of which 13 citations are cautionary and 38 are positive.