Myriad's Possible Impact on Patent Eligibility of Isolated Non-DNA Chemical Substances

June 19, 2013

U.S. Supreme Court Decision Analysis

Over a century ago, in the famous Parke-Davis adrenaline patent infringement case, Judge Learned Hand articulated what many consider the origin of the legal premise that isolated components or purified extracts of natural products may be patent eligible. While subsequent authors and courts may have differed on whether Judge Hand’s proclamation was dicta, the Parke-Davis decision has been often cited over the years in support of the validity of patent claims to chemical substances isolated or purified from their natural state, most recently by Respondents, Myriad Genetics et al., in the U.S. Supreme Court’s June 13, 2013 decision in Ass’n for Molecular Pathology v. Myriad Genetics, 569 U.S. ____ (2013).

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