The Financial Times quotes Konstantin Linnik in “Myriad’s gene patent case may still end up at Supreme Court”Print PDF
Konstantin Linnik, a member of the firm’s Intellectual Property and Life Sciences practice groups, was quoted in “Myriad’s gene patent case may still end up at Supreme Court” in the Financial Times on April 3, 2012. The article discusses the Supreme Court’s decision to remand the Myriad Genetics gene patent case back to the Federal Circuit and the possibility that it may still return to the Supreme Court in light of the recent decision in Prometheus v. Mayo. There has been a trend of the Supreme Court overturning Federal Circuit decisions, such that it “doesn’t bode well for Myriad,” said Konstantin.
In theory, Prometheus and Myriad should be unrelated, but because they deal with the question of patentability, and whether something is naturally occurring or not, Myriad may be affected, said Linnik. Applying parallel logic to Myriad as was applied to Prometheus may yield the isolated DNA sequence in question – the BRCA1 and BRCA2 fragments - is close enough to what is occurring in nature that “everything else” in Myriad’s claims is not substantial enough for patentability, he said.
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