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« 23andMe Patent Creates Controversy | Main | Bay Area Genetic Diagnostics Company Files Declaratory Judgment Action against Myriad Genetics »

October 09, 2013


The argument that the Supreme Court's decision in Myriad is narrow quite misses the point.

See Chakrabarty.

Dear Skeptical:

I thought little of the primers and probes argument in Myriad's opening brief but there is more to it in this brief (although I agree that ultimately Ambry/Gene-by-Gene has the better argument in my view).

But I agree with Myriad that the Court attempted to make this a narrow decision; how successful they will be remains to be seen.

Curiously the district court made a nice distinction (or at least a rationale for the distinction) when it said that DNA was not patent eligible because it is the "physical manifestation of genetic information."

I love how after all this time you guys still focus on exactly the wrong thing to make the 101 determination.

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