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USPTO Asks out of Gene Patenting Case (Again)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Several weeks ago, U.S. District Court Judge Robert W. Sweet denied the U.S. Patent and Trademark Office's motion to dismiss the ACLU-sponsored lawsuit aiming for a human gene patenting ban (see "BRCA Patent Suit to Continue in Southern District of New York"). Just before Christmas, the Office filed another motion with the District Court, for judgment on the pleadings (as well as opposition to Plaintiffs' summary judgment motion). The brief, by Preet Bharara, U.S. Attorney for the Southern District of New York and Ross E. Morrison, Assistant U.S. Attorney, is broadly based on jurisprudential principles...

Full post as published by Patent Docs on January 20, 2010 (boomark / email).