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Konstantin Linnik publishes “The Myriad Ruling: Six Points Every Biotech CEO Must Consider” on PharmExec.com

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06.19.2013 | Article

Konstantin Linnik, a member of the firm’s Intellectual Property and Life Sciences practice groups, published “The Myriad Ruling: Six Points Every Biotech CEO Must Consider” on PharmExec.com’s Blog on June 19. The article discusses last week’s US Supreme Court decision in Myriad Genetics, which invalidated one of Myriad’s patents on mutated BRCA-gene sequences associated with increased risk of breast cancer. Konstantin notes that the decision brings up many questions for biotech companies. Although commentary and confusion abound, Konstantin provides the six most salient points that every biotech executive should bear in mind in the post-Myriad world.

1. A Myriad-type decision was anticipated, and in many cases, backup positions had already been put in place.

2. Your position on any third party patent should always be consistent with your view of your own patents.

3. The Myriad decision was only concerned with genomic DNA—not with other biological sequences.

4. The Myriad decision leaves plenty of room for claims to chemically modified sequences and other types of claims.

5. The Myriad decision will make it more difficult–but not impossible–to protect early discoveries.

6. The Myriad case has gained significant publicity, and the Supreme Court’s holding is popular with various stakeholders.

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