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Myriad Genetics confirms Supreme Court upholds cDNA patent claims

Myriad Genetics said the Supreme Court of the United States upheld its patent claims on complementary DNA, or cDNA. However, the Court ruled that five of Myriad's claims covering isolated DNA were not patent eligible. Following the decision, Myriad has more than 500 valid and enforceable claims in 24 different patents conferring strong patent protection for its BRACAnalysis test. Importantly, the Court noted that many of Myriad's unchallenged claims are method claims applying knowledge about the BRCA 1 and BRCA 2 genes. While these method claims were not at issue in this case, the Court highlighted Federal Circuit Judge Bryson's opinion that, "(a)s the first party with knowledge of the (BRCA1 and BRCA2) sequences, Myriad was in an excellent position to claim applications to that knowledge."