Monday, April 15, 2013

Gene Patents and the Supreme Court – Round 2

It’s Spring and gene patents are before the US Supreme Court once again.

On March 26, 2012, the Supreme Court threw out the U.S. Federal Circuit Court of Appeals 2011 decision upholding gene patents in the case Association for Molecular Pathology v. Myriad Genetics. The case was sent back to the lower court for a do-over, with instructions to review the case in consideration of the Supreme Court’s decision in the March 20 case Mayo Collaborative Services v. Prometheus Laboratories, Inc. Analysis, which held restrictions on genetic patents.

On August 16, the Federal Circuit Court again upheld gene patents, with the vote going along the same 2-1 lines as in the 2011 decision.

In short, the Supreme Court told the Circuit Court to try again, taking into account the Prometheus decision.

The Circuit Court decided that they got it right the first time.

Now we see if the Supreme Court agrees. Oral arguments were heard today. A decision is expected this summer.

Check back for a more detailed summary and analysis.

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