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DNA Patent Question Tossed Back To Lower Court

In the wake of the high court’s ruling in Mayo v. Prometheus, the Supreme Court orders the Federal Circuit to reconsider its decision that Myriad Genetics’ isolated BRCA genes are patentable.

The Supreme Court sent the Myriad Genetics Inc. gene patent case back to the U.S. Court of Appeals for the Federal Circuit, leaving it to the lower court to flesh out how the high court’s unanimous ruling in Mayo Collaborative Services v. Prometheus Laboratories Inc. applies to isolated DNA molecules.

On March 26, the court granted a petition by the American Civil Liberties Union and the Public Patent Foundation asking the court to review their challenge of Myriad’s gene patents,...

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