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on Thursday June 13 2013 the Supreme Court issued a patent decision that has profound implications for the u.s. biotechnology industry in Association for molecular pathology versus myriad genetics a unanimous Supreme Court held that isolated DNA was not eligible for patents while in the same opinion the Supreme Court ruled that cDNA was eligible for patents provided that the other requirements of patentability namely that the invention was new non-obvious and useful were satisfied so an issue in the case where several patents held by myriad genetics myriad discovered the precise location in sequence of the bracha one in bracha two genes a mutation in those genes indicates that a woman is at heightened predisposition to breast and ovarian cancer myriad had obtained a number of patents at issue on that discovery some of the patents dealt with isolated DNA and so that's DNA that had been extracted from the body using well-known techniques myriad also obtained patents on cDNA or complementary DNA which is lab generated DNA the patents gave myriad the ability to exclude others from isolating the bracha one in two genes the Federal Circuit Court of Appeals the lower court that here's all patent Appeals had affirmed the patentability of both the isolated DNA and the cDNA and so Justice Thomas writing for a unanimous Supreme Court held that the isolated DNA claims were not patent eligible Justice Thomas first explained that the patent laws provided a delicate balance between on the one hand encouraging innovation and on the other hand making sure that the basic building blocks and tools of scientists were not held by a few that would impede innovation and to kind of strike this balance the court used the doctrine of patent eligibility and Justice Thomas noted that the Supreme Court has held that there are three things that are excluded from patent eligibility historically laws of nature abstract ideas and natural phenomenon and here when Justice Thomas looked at the isolated DNA he said that that was he for the court said that that was the same as what existed in nature and the fact that myriad genetics had spent a lot of money and a lot of time developing it or finding the genes did not render the genes patent eligible Justice Thomas also said that the patent offices long-standing practice of allowing patents on isolated DNA did not save the day and that therefore the claims that Mary had had an isolated DNA were not patent eligible in a relatively brief section on the cDNA claims Justice Thomas said that those were eligible for patents because those were created by a lab technician and those were not existing in nature so while the precise implications of the decision are yet not yet apparent one thing is apparent several companies in the several days after the opinion was announced have already publicly stated that they will offer testing for patients on the bracha one and two genes and they...