First Myriad reactions

By Tom Goldstein
on Apr 15, 2013 at 11:12 am

Lyle will have a full argument analysis, and Amy will follow in Plain English, but I wanted to put something up with my initial reactions to the just-concluded oral argument.

It seems clear that the Court has grave doubts about holding that isolated DNA segments are themselves patentable. At the same time, it does not want to inhibit patents that truly add something new or identify a valuable use. So I expect a narrow ruling by a substantial majority that isolated DNA itself is patent ineligible. But the Court will hold or suggest that cDNA, as well as use or process patents involving isolated DNA, are patent eligible. The question in individual cases will be whether those further patents are invalid because they are obvious.

Here is Bloomberg’s first report, as well.