Yesterday, the district court for the Southern District of New York held Myriad's patents for the BRCA1 and BRCA2 genes invalid. Myriad had previously sought--and was granted--patents on these genes related to breast cancer diagnostics.
In Association for Molecular Pathology and ALCU v. USPTO and Myriad, Judge Sweet issued a ruling that the patents, representing "isolated DNA" were actually products of nature and therefore non-patentable subject matter under 35 U.S.C. Section 101.