Association for Molecular Pathology, Petitioners v. Myriad Genetics, Inc.

Summary

Justice Thomas's opinion held that naturally occurring DNA is not patent eligible under 35 U.S.C. § 101 merely because it has been isolated, but that synthetically created complementary DNA generally is patent eligible because it is distinct from naturally occurring DNA. The Court therefore affirmed in part and reversed in part the Federal Circuit's judgment. It also held that Dr. Ostrer had standing to seek declaratory relief. The decision did not resolve the patentability of methods, new applications of genetic knowledge, altered nucleotide sequences, or whether cDNA satisfies other statutory patentability requirements. Justice Scalia, writing alone, concurred in part and in the judgment, agreeing with the legal conclusions but declining to join detailed molecular-biology explanations that he could not independently affirm. All other Justices joined the Court's opinion in full.