Today in “Myriad II”, or "The Empire Strikes Back" about the BRCA1- and BRCA2-based Breast Cancer Test Patent Litigation, __ F.3d __ (Fed. Cir. 2014)(Dyk, J.), the panel unanimously affirmed trial court conclusions of invalidity on the basis of lack of patent eligibility under 35 USC § 101.
This is an appeal from the District Court case we reported earlier.
I am startled, but gratified, by this unexpected outcome.