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Client Alert. April 4, 2011 The Myriad Appeal: Is Isolated Human DNA Patentable? By Jeffrey M. David and Kristin L. Yohannan Today, in what could be a landmark biotechnology patent case, the Federal Circuit heard oral argument in Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. If the plaintiffs are able to survive the lack of standing challenge, the Court will decide whether isolated human DNA is patent-eligible. A district court in the Southern District of New York invalidated under 35 U MoreApr 4, 2011 ... and therefore, the bat is patentable. According to Myriad, the bat exists in nature as a tree, but human manipulation makes it take the form of the ... Less
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