Assoc for Molecular Pathology v. PTO, No. 10-1406 (Fed. Cir. Aug. 16, 2012)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Myriad Genetics, Inc. and the Directors of the Univer- sity of Utah Research Foundation (collectively, “Myriad”) appeal from the decision of the United States District ASSOCIATION FOR MOLECULAR v. PTO 7 Court for the Southern District of New York holding that an assortment of medical organizations, researchers, genetic counselors, and patients (collectively, “Plaintiffs”) have standing under the Declaratory Judgment Act to challenge Myriad’s patents. Ass’n for Molecular Pathol- ogy v. U.S. Patent & Trademark Office , 669 F. Supp. 2d 365 (S.D.N.Y.