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The biggest concern of the biotechnology industry caused by the impending Supreme Court decision in the AMP v. Myriad Genetics case is the threat to existing patents having claims to isolated human DNA (and the DNA from other species) that a negative decision from the Court could raise. Patent protection has been an important component of the success of companies from Genentech to Myriad and many others, and the prospect of a categorical ban (ironic, in view of the Court's anathema for "bright line" rules promulgated by the Federal Circuit) threatens the success paradigm developed over the past 30 years. While the extent of whatever deleterious effects on the progress of the biotechnology arts that the Court may impose by its Myriaddecision is still to come, an article in the May edition of Nature Biotechnologysuggests that those effects may be ameliorated by the anachronistic aspects of the Myriad case: in many ways this argument is coming 30 years to late, and the future of biotechnology is less dependent on so-called "gene patents" than at any other time in the history of the biotechnology industry.
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(Intellectual Property News.com)