Supreme Court Sends Case On Gene Patents Back To Appeals Court Following Rejection Of Diagnostic Patents
from the rethink-that-please dept
As we expected, following the Supreme Court’s excellent rejection of medical diagnostic patents, it’s now set aside the appeals court’s ruling upholding gene patents, and asked the appeals court to review the case in light of its ruling last week. Again, this is not a surprise, but it’s good that the court so quickly recognized that the two cases have similar issues, and that the appeals court ought to revisit the Myriad (gene patents) ruling so quickly. Hopefully, CAFC (the appeals court in question) will come to its senses and recognize that you can’t patent genes. Either way, no matter what CAFC decides, expect that to also be appealed right back to the Supreme Court.