Sunday, April 03, 2011

Salt Lake Tribune on DoJ position in Myriad appeal to CAFC

The Salt Lake Tribune writes of the DoJ brief in Myriad:

In its brief, the Justice Department argues that the judge correctly held “that genomic DNA that has merely been isolated from the human body, without further alteration or manipulation, is not patent-eligible.”

Justice Department representatives declined requests for interviews about the brief, which also argues part of Sweet’s ruling should be overturned. The judge “erroneously cast doubt on the patent-eligibility of a broad range of man-made compositions of matter whose value derives from the information-encoding DNA,” the brief says, and that “countless industrial products such as vaccines and genetically modified crops, created with the aid of such molecules -- are in every meaningful sense the fruits of human ingenuity and thus qualify as ‘human-made inventions’ eligible for patent protection.”

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