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Cancer Discovery quotes Konstantin Linnik in “A Myriad of Questions”

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Konstantin Linnik, a member of the firm’s Intellectual Property and Life Sciences practice groups, was quoted in “A Myriad of Questions” in Cancer Discovery on May 17. The article discusses the legal controversy over BRCA patent rights and the effect the outcome of Association for Molecular Pathology v. Myriad Genetics may have on the biotechnology industry, in light of the March 20 decision by the Supreme Court in Mayo Collaborative v. Prometheus Laboratories.

Given the court’s finding in Mayo that correlations between metabolite levels and drug dosage comprise a “law of nature” and can’t be claimed as intellectual property, the courts must now reevaluate Myriad’s position that isolated DNA is not a product of nature, as it was discovered through human ingenuity. “You can argue that the cases cover different claims, in that one is a method and the other is a substance,” says Konstantin. “The real question is whether isolated DNA is sufficiently distinguishable from what occurs in nature.”

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