[Ip-health] Federal Circuit decision again results in three-way split in reasoning in AMP v. USPTO; 2-1 ruling upholds DNA patents

Krista Cox krista.cox at keionline.org
Thu Aug 16 13:54:40 PDT 2012

The Federal Circuit issued its opinion today in the BRCA gene patent case,
Association for Molecular Pathology v. US Patent and Trademark Office.  The
case had previously been decided by the Federal Circuit last year, but the
Supreme Court granted the petition for writ of certiorari, vacated the
previous opinion of the Federal Circuit and remanded the case back to the
court to hear in light of the unanimous Supreme Court ruling in *Mayo v.
Prometheus*.  Ultimately, the three judges each came down the same way they
did the first time they decided the case, with only the disenting judge,
Judge Bryson, finding that *Mayo* had significant relevance to the present
case.  The full opinion as well as a summary of the decision (and each
opinion) is available here: http://keionline.org/node/1532

Krista L. Cox
Staff Attorney
Knowledge Ecology International
(202) 332-2670

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