I would ask you to read this very brief post in the Patent Doc blog. No doubt we can look forward to a thorough discussion and analysis of the points raised by the ACLU and PubPat in their petition for certiorari to the Supreme Court. For now, just check out the questions raised in the brief:
- Are human gene patentable?
- Did the court of appeals err in upholding a method claim by Myriad that is irreconciable with this Court's ruling in Mayo v. Prometheus?
- Did the court of appeals err in adopting a new and inflexible rule, contrary to normal standing rules and this Court's decision in MedImmune v. Genentech, that petitioner's who have been indisputably deterred by Myriad's "active enforcement" of its patent rights nonetheless lack standing to challenge those patents absent evidence that they have been personally and directly threatened with an infringement action?
Oh Boy! I can hardly wait for Kevin's discussion on this one.
Posted by Bruce Lehr Sep 25th 2012.