SCOTUS Skeptical about Myriad’s Gene Patent Claims

By all accounts, SCOTUS did not seem interested in drinking the patent think kool-aid offered by Myriad Genetics to try to justify its claim to patenting a gene. Justice Kagan commented that the USPTO appears "patent happy." A patent lawyer friend previously observed that observation also applies to many patent lawyers – as he put it, their perspective is flawed as is the judgment of a man with a hammer who sees everything as a nail. See, e.g,. here (NPR), and here (PatentlyO – detailed summary with useful links to transcript and more).



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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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