Myriad Genetics filed its appeal last week of the Judge Sweet decision to invalidate parts of several patents with regard to BRCA1 and BRCA2. Enforcement of the patents is critical to Myriad's testing business for ovarian and breast cancers.
In bringing suit, Myriad argues that Sweet's ruling "imperils the entire biotechnology industry -- molecular diagnostics, therapeutic drugs, agricultural applications, animal husbandry, etc." In other words, it's bad. Myriad still maintains that the material and methods embodied in their patent are substantially different than those found in the body. Sweet had ruled them invalid as the patents were attempting to cover a "product of nature" - which is a no-no under patent law.
We now enter the appeals process in earnest. This is certainly an expected consequence of Sweet's ruling. My reading of the opinions of legal commentators on the subject leads me to believe that the majority think the Sweet ruling won't hold up on appeal. Either way, one could expect ultimately for an appeal to be filed with the Supreme court.
Posted by Bruce Lehr October 26th 2010.