Melissa Hunter-Ensor, an attorney specializing in life sciences and intellectual property in Edwards Wildman's Boston office, commented on the American Civil Liberties Union request that the US Supreme Court review the recent Myriad Genetics ruling in the Pharmalot
article, "ACLU Asks Supreme Court To Review Gene Patents
." Hunter-Ensor predicted that the Supreme Court may hear the case, noting that there were three types of claims at issue: composition claims directed to isolated DNA molecules; method claims directed to "comparing" or "analyzing" DNA sequences; and method claims for screening potential cancer therapeutics using transformed cells. Furthermore, she added that the Federal Circuit determined that the isolated DNA claims and the method claims using a transformed cell were patent-eligible, but that the method claims directed to "comparing" or "analyzing" DNA sequences were not. "The Supreme Court may decide to weigh in on whether composition claims directed to isolated DNA are patent-eligible. I would expect that the Supreme Court would find that such claims are," said Hunter-Ensor. "This would be consistent with established case law where patent-eligible subject matter embraced compositions of matter that were the product of human ingenuity."