As expected, the Supreme Court remanded the Myriad case back to the Federal Circuit Court for further consideration in light of the Mayo Collaborative Services v. Prometheus Laboratories case.
Patent lawyers observing the proceedings think that Myriad has cause to be worried as to the decision the Federal Circuit may make.
"Myriad must have increased concerns about the validity of its DNA fragment claims, as the Federal Circuit could find support in Mayo to invalidate them under the theory that the fragments are products of nature and that the technique to isolate them is common and conventional."
The Federal Circuit, which ruled in Myriad's favor the first time around, can issue a decision with the same or a different outcome. We will anxiously await its decision. See the Patent Docs blog for more background and analysis on these issues.
Posted by Bruce Lehr Mar 26th 2012.