Foley Partner Jacqueline Wright Bonilla was quoted in an article that appeared in BNA’s Patent, Trademark & Copyright Journal on November 5, 2010 titled “DOJ’s ‘Questionable Reinterpretation’ of DNA Patentability Disappoints Patent Community.” Wright Bonilla discusses the patent community’s backlash against a brief filed by the U.S. Department of Justice as a friend of the court in the Myriad case on the patentability of genetic materials. She cautions against an overreaction to the DOJ’s brief, stating that Myriad’s composition claims directed to cDNA are patent eligible. She adds that the DOJ brief asserts this patent eligibility and meets the threshold of Section 101 of the Patent Act.
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