Association for Molecular Pathology v. Myriad Genetics, Inc.
United States Supreme Court
133 S.Ct. 2107 (2013)
Myriad Genetics, Inc. (Myriad) (defendant) discovered the exact location of certain genes, the mutation of which significantly increases a woman’s chance of breast cancer. This discovery allowed Myriad to isolate the genes and conduct tests to determine whether a woman has an increased for breast cancer. Myriad obtained a number of patents, including one that gave Myriad the exclusive right to isolate the genes, and one that would give Myriad the exclusive right to synthetically create the genes from messenger ribonucleic acid (mRNA). This synthetic creation was called complementary DNA (cDNA). Dr. Harry Ostrer (plaintiff) filed suit seeking a declaration that Myriad’s patents were invalid. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Thomas, J.)
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