ACLU Wins First Clash Against Myriad's Gene Patents

In Assoc. for Molecular Pathology (ACLU) v. USPTO (Myriad Genetics), case number 1:09-cv-04515 (S.D.N.Y. Mar. 29, 2010), the District Court for the Southern District of New York ruled that Myriad's gene composition and method claims are unpatentable subject matter. The court reasoned that Myriad's gene composition claims, which are directed to isolated human genes, are invalid because they are not "markedly different" from products of nature. With regard to the method claims, which are directed to comparing and analyzing gene sequences, the court relied on the Federal Circuit's "machine or transformation" test and its interpretation of the claims to conclude that the challenged method claims are not transformative but merely "abstract mental processes." The district court avoided ruling on ACLU's constitutional arguments.

It is fully expected that the decision will be appealed to the Federal Circuit.

For the full text of the opinion click here.