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Unanimous U.S. Supreme Court and Angelina Jolie: BRCA1 & BRCA2 Patentability



By Dayrel S. Sewell

Dayrel S. Sewell, JD, MPH is a registered U.S. Patent Attorney and Principal of the LAW FIRM OF DAYREL SEWELL, PLLC (http://sewellnylaw.com) based in New York City. In addition to intellectual property, the law firm specializes in client service and other areas of law. The firm may be contacted at: info@sewellnylaw.com.

Introduction

On June 13, 2013, the Supreme Court of the United States issued its unanimous, landmark decision in the long-awaited and much anticipated case of Association For Molecular Pathology et al. v. Myriad Genetics, Inc., et al. 1That same day,the decision was prominently featured on several world news media outlets and firmly grasped the attention of more than just the intellectual property community.

Background

Formed in 1991, Myriad Genetics, Inc. ("Myriad") is a molecular diagnostic company based in Salt Lake City, Utah. Myriad positions itself in the market as a discoverer that commercializes transformative tests to assess a person's risk of developing disease, guide treatment decisions and assess risk of disease progression and recurrence. In 1996, Myriad allegedly introduced the first molecular diagnostic test for hereditary breast and ovarian cancer.

Founded in 1995, The Association for Molecular Pathology (...

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