I will repeat again, with more detail, as apparently more clarity is needed
The judge, Susan Illston of the United States District Court in Northern California, issued a ruling on Wednesday that the patent was invalid because it covered a natural phenomenon — the presence of DNA from the fetus in the mother’s blood.
The ruling was a sign that the Supreme Court’s decision in June declaring that human genes may not be patented because they are products of nature could make it more difficult to patent diagnostic techniques.
Judge Illston cited the gene patent case, which involved Myriad Genetics, in her ruling, along with a 2012 Supreme Court decision invalidating patents on a test used to determine the proper dosages of certain drugs.
“It’s hard to imagine patents on diagnostics surviving if that approach is taken,” Christopher M. Holman, a law professor at the University of Missouri-Kansas City, said of Wednesday’s ruling.
A very logical and reasonable ruling!
