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ASSOC. FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC.

Docket No.: 12-398
Certiorari Granted: November 30, 2012
Argued: April 15, 2013
Decided: June 13, 2013

Topics:

Article I, patent, preemption

PartyNames: Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al.
Petitioner: Association for Molecular Pathology, et al.
Respondent: Myriad Genetics, Inc., et al.

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 689 F.3d 1303
Supreme Court Docket

Association for Molecular Pathology, et al.
v.
Myriad Genetics, Inc., et al.
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. Are human genes patentable? 2. Did the court of appeals err in upholding a method claim by Myriad that is irreconcilable with this Court's ruling in Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012)? 3. Did the court of appeals err in adopting a new and inflexible rule, contrary to normal standing rules and this Court's decision in MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118 (2007), that petitioners who have been indisputably deterred by Myriad's "active enforcement" of its patent rights nonetheless lack standing to challenge those patents absent evidence that they have been personally threatened with an infringement action?

ASSOC. FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC.
ORAL ARGUMENT

April 15, 2013

Listen to Oral Argument in ASSOC. FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC.
Holding: AFFIRMED IN PART AND REVERSED IN PART
Vote: 9-0
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