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Attorneys React to High Court's Gene Patent Ruling

Law360

Loeb & Loeb LLP is noted and Mark Waddell is quoted on the significance of the U.S. Supreme Court ruling that human genes cannot be patented, saying:

"The Supreme Court’s decision in Myriad coincides with the USPTO’s first decision resulting from a post-grant review under the America Invents Act. Both decisions are grounded in patent ineligibility under Section 101 of the U.S. Patent Statue. It appears likely that the Myriad decision, coupled with the [US]PTO’s decision in the SAP matter, will encourage the filing of post-grant proceedings on patents with claims directed to isolated naturally occurring DNA."