Potentially undermining decades of intellectual patent law precedent, the Justice Department has told a federal appeals court it agrees with a lower court's ruling that isolated DNA within human genes is not patentable, a move that could impact drug and diagnostic companies.rnJustice's filing refers to a March district court ruling that certain patent claims on Myriad Genetics' breast and ovarian cancer screening system, BRACAnalysis, are invalid. The U.S. District Court for the Southern District of New York held that isolated DNA within genes occurs naturally and is therefore not patentable (WDL, April 5).
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