![]() ![]() Whether Myriad’s claimed invention, the sequence of certain human genes in both isolated and purified forms, falls within the scope of inventions for which a patent may be granted.Īlthough the question before the Supreme Court is whether human genes are patentable, in fact, three different kinds of “genes” are in question. LIMITED TO QUESTION 1 PRESENTED BY THE PETITION. 118 (2007), that petitioners who have been indisputably deterred by Myriad's "active enforcement" of its patent rights nonetheless lack standing to challenge those patents absent evidence that they have been personally threatened with an infringement action?
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