Patent Attorneys Vent Frustrations Over Supreme Court Diagnostics Rulings

Attorneys at a recent BIO-convened symposium were disgruntled and anxiety-ridden by two recent Supreme Court rulings on patent protection – the 2012 Mayo Collaborative Services v. Prometheus Laboratories Inc. decision and the 2013 The Association of Molecular Pathology v. Myriad Genetics Inc ruling.

Recent Supreme Court rulings in Mayo Collaborative Services v. Prometheus Laboratories Inc. and The Association of Molecular Pathology v. Myriad Genetics Inc. set the “pornography standard of patent law,” said one attorney at a recent symposium on intellectual property law and its effects on the diagnostics industry. Another said the decisions had reduced the industry “to guessing” about the rapidly evolving legal framework.

In general, lawyers who gathered July 22 in Alexandria, Va., for the symposium organized by the Biotechnology Industry Organization (BIO)...

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