On March 9, 2015, Utah’s Federal District Court closed a large multi-district litigation captioned In re: BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation (D. Utah). The case arose from certain patents held by Myriad Genetics, Inc., related to cancer screening tests. In Assoc. for Molecular Pathology v. Myriad Genetics, Inc., the United States Supreme Court had invalidated certain patent claims in patents held by Myriad Genetics, holding that isolated genomic DNA is not patent eligible. The decision prompted the multi-district litigation in the District of Utah, which involved Myriad Genetics and its competitors who also manufactured and sold cancer screening tests. MCBB represented one such competitor, who sought a declaratory judgment that Myriad Genetics’ patents were invalid. While the case was being litigated, the Federal Circuit Court of Appeals ruled in an interlocutory appeal that the patents-in-suit are invalid, thus ending the multi-district litigation with a complete victory for MCBB’s client. The Federal Circuit’s full opinion, holding that the patent claims at issue are directed to ineligible subject matter, can be reviewed at: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1361.Opinion.12-15-2014.1.PDF.
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