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« In re Droge (Fed. Cir. 2012) | Main | PhRMA Files Amicus Brief in K-Dur Case »

September 25, 2012



The first question presented in the cert petition (Are human genes patentable?) doesn't even come close to presenting the issue correctly. The second question presented is utterly disingenuous as the upholding of Claim 20 is completely reconcilable with Mayo Collaborative Services. And good luck on the third question presented (standing). As expected, more rhetorical nonsense from the ACLU and PubPat.



I really loved this statement at page 8 of the cert petition:

"Through its combined patents, Myriad claims
ownership of the BRCA1/2 genes of every person in the United States."

To use the words of Judge Newman, that statement doesn't even pass the "chuckle test."

EG: "As expected, more rhetorical nonsense from the ACLU and PubPat."

Agreed, but at least 4 justices agreed that the last round of rhetorical nonsense from PUBPAT deserved their consideration...

It appears to be a given that the Petition will be granted.

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