Supreme Court Remands Myriad Case

This morning, as expected, the Supreme Court issued an Order granting the petition for writ of certiorari in Association for Molecular Pathology v. Myriad, vacating the judgment, and remanding the case back to the Federal Circuit for further consideration in light of Mayo Collaborative Services v. Prometheus Laboratories.

For additional information regarding this and other related topics, please see:

• "Mayo Collaborative Services v. Prometheus Laboratories -- What the Court's Decision Means," March 22, 2012
• "Mayo Collaborative Services v. Prometheus Laboratories -- What the Supreme Court Said," March 21, 2012
• "Early Reaction to Supreme Court Decision in Mayo v. Prometheus," March 20, 2012
• "Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012)," March 20, 2012
• "Plaintiffs File Petition for Certiorari in AMP v. USPTO," December 8, 2011
• "Federal Circuit Denies Petition for Rehearing in AMP v. USPTO," September 18, 2011
• "Federal Circuit Denies Plaintiff(s)' Petition for Rehearing in AMP v. USPTO," September 14, 2011
• "Defendants File Petition for Rehearing in AMP v. USPTO," August 30, 2011
• "Plaintiff(s) File Petition for Rehearing in AMP v. USPTO," August 29, 2011
• "Is Claim Construction the Key to Patent-eligibility of Isolated DNA?" August 23, 2011
• "AMP v. USPTO: Judge Bryson's Opinion," August 3, 2011
• "AMP v. USPTO: Judge Moore's Concurring Opinion," August 2, 2011
• "Association for Molecular Pathology v. United States Patent and Trademark Office (Fed. Cir. 2011)," August 1, 2011
• "Standing in AMP v. USPTO: The Plot Thickens," July 29, 2011
• "Federal Circuit Issues Decision in AMP v. USPTO," July 29, 2011
• "Myriad Writes to Federal Circuit on Standing Issue," July 28, 2011
• "Deciphering the Patent-Eligibility Message in Prometheus, Myriad and Classen," March 20, 2011

Comments

[EG]

Kevin,

A thought has come to mind that Myriad might be well-advised to "story board" for this remand how they achieve this isolated DNA sequence (e.g., by extraction and isolation from the native DNA), and how that isolated DNA sequence is different from the native DNA, versus say how "Mother Nature" uses native DNA to create proteins (via mRNA and tRNA). In other words, show that "Mother Nature" does not (and cannot) create isolated DNA sequences like Myriad did. If this case goes before the Supreme Court, such "story boards" might be crucial to help what is already 9 technologically-challenged minds understand some very sophisticated science (i.e., molecular biology and biochemistry. Just a thought.