Readers here know that I've been following the Myriad Genetics and other gene patenting cases closely. I think it is an important issue that needs to be settled in the biotechnology arena. Should genes be patented or not? Under what circumstances and for what applications? What rights of exclusivity should be granted and what licensing rights should be available? Should we have patent pools? Questions like that.
As reported in Kevin Noonan's Patent Docs blog (which I think is excellent), Myriad did file a Notice of Appeal for itself and the Directors of University of Utah Research Foundation. The Sweet decision will now be reviewed by the Federal Circuit court and ultimately we may see this one in the Supreme Court someday.
Posted by Bruce Lehr June 19th 2010.