With Myriad Sure To Appeal, Gene-Patent Case Casts Potential Shadows

Executive Summary

On March 29, Justice Robert Sweet of the Southern District Court of New York made the controversial decision to invalidate parts of seven patents owned by Myriad Genetics Inc. and the University of Utah Research Foundation, cheering opponents of the established practice of patenting gene sequences. It’s only the first step in a case that is almost certain to reach the US Supreme Court, but it might soon be eclipsed by a patent case currently before the Court, Bilski v. Kappos, which could have a much deeper effect on biotech business.