Foley attorneys filed an amicus brief in the United States District Court for the Southern District of New York related to ACLU v. Myriad regarding subject matter patentability of gene patents specifically on isolated DNA. The authors conclude that the U.S. Congress, U.S. courts and the USPTO, as well as the scientific community and biotechnology industry have long relied upon an understanding that claims directed to “isolated DNA” recite patentable subject matter under 35 U.S.C. §101 and the Constitution. The authors maintain that to hold otherwise would have a dramatic negative effect on biotech research as we know it, and will influence the entire business of biotechnology in ways unforeseen or addressed by the plaintiffs in ACLU v. Myriad”
