Myriad case was based on isolated cfDNA...which matchs our patent basis, IMO.
The confusion that abounds is, did Myriad win or lose? IMO, the patent was upheld as it uses a process based on cfDNA, but anybody that wants to use a patients DNA to assess breast cancer likelihood is free to do that...but can they? IMO, NOT using Myriad's process.
So the plantiffs are saying they won, there will be cheap tests now, however, I say, those tests cannot use cf DNA patent that is owned by Myriad.
Its wise and unclear at the same time.
Myriad's patent was based in part on cDNA which is not the same thing as cfDNA. I believe even SQNM stated in its brief that cfDNA is naturally occuring. cDNA is apparenty synthesized. SQNM's case rests on whether its method patent is sufficiently novel and does not preempt a fundamental concept