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On July 29, 2011, the Federal Circuit handed down its decision in Ass'n for Molecular Pathology et al. v. U.S.P.T.O., (often referred to as the “Myriad Genetics gene patent” case). The divided panel's three opinions reveal areas of broad agreement and notable disagreement about patent eligibility under 35 U.S.C. ' 101 of several categories of patent claims of interest to life sciences industries.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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