Partner Courtenay Brinckerhoff was quoted in a June 14, 2013 Financial Times article titled, “Agricultural groups explore impact of ruling.” The article discussed the implications of the Supreme Court’s June 13, 2013 decision in the “ACLU/Myriad” gene patenting case (12-398, Association for Molecular Pathology v. Myriad Genetics, Inc.) on agricultural biotech companies. Manufacturers of GM seeds and altered plant material had thought themselves beyond the reach of Myriad, because they “believe their products have been changed enough to fall outside the judges’ definition of ‘products of nature.’” However, Ms. Brinckerhoff cautioned that, in light of Myriad and other recent decisions, companies should be proactive in reviewing patent portfolios as well as their legal position, and be prepared to take on new competitors. She stated, “It’s never crystal clear until you have the actual same facts decided.”
