Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Association for Molecular Pathology v. Myriad Genetics

Docket No. Op. Below Argument Opinion Vote Author Term
11-725 Fed. Cir. Not Argued Mar 26, 2012 TBD TBD OT 2011

Issue: (1) Whether human genes are patentable; and (2) whether petitioners, who have been indisputably deterred by Myriad’s “active enforcement” of its patent rights, lack standing to challenge those patents absent evidence that they have been personally and directly threatened with an infringement action.

Judgment: Granted, vacated, and remanded in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc. on March 26, 2012.

Briefs and Documents

Certiorari-stage documents

 
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