IN RE BRCA1- AND BRCA2-BASED HEREDITARY CANCER TEST PATENT LITIGATION
"We do not read the Supreme Court’s opinion in Myriad as conferring patent eligibility on composition of matter claims directed to naturally occurring DNA strands under such circumstances. A DNA structure with a function similar to that found in nature can only be patent eligible as a composition of matter if it has a unique structure, different from anything found in nature. Myriad, 133 S. Ct. at 2116–17 (citing Chakrabarty, 447 U.S. at 309–10). Primers do not have such a different structure and are patent ineligible."
Ah yes.
The judicial ego.
Know it alls spawned from their own mental test tubes.
Electrons are real.
Molecules have wavefunctions as part of their "structural" makeup.
An in-DNA strand is not "structurally" the same as an isolated snippet.
But then again, what do so-called "scientists" know when in the presence of Mount Olympus giants?
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