Myriad loses at CAFC

IN RE BRCA1 - AND BRCA2-BASED HEREDITARY CANCER TEST PATENT LITIGATION


The claims on appeal are directed to ineligible subject matter
in violation of 35 U.S.C. § 101


Of separate note is the text


The Supreme Court ap-
proved of Judge Bryson’s general suggestion,
directly quoting him for the propositions
that “[a]s the first party
with knowledge of the BRCA1 and BRCA2 sequences,
Myriad was in an excellent position to claim applications
of that knowledge,” and that “[m]any of its unchallenged
claims are limited to such applications.” Myriad , 133 S.
Ct. at 2120. But, nowhere in the opinion did the Court
express approval of the individual claims identified by
Judge Bryson, much less of claim 21 in particular. In-
deed, no method claim was even before the Supreme Court.
Id. at 2119.