Association For Molecular Pathology et al v. United States Patent and Trademark Office et al
OPINION #98799 re: 175 MOTION for Judgment on the Pleadings filed by United States Patent and Trademark Office, 61 MOTION for Summary Judgment filed by Breast Cancer Action, David Ledbetter, Arupa Ganguly, Ellen Matloff, Patrice Fortune, Vicky Thomason, College of American Pathologists, Lisbeth Ceriani, Boston Women's Health Book Collective, Stephen Warren, Association For Molecular Pathology, Wendy Chung, American Society For Clinical Pathology, Genae Girard, Harry Ostrer, Kathleen Raker, Runi Limary, Elsa Reich, American College of Medical Genetics, Haig Kazazian, 152 MOTION for Summary Judgment filed by Lorris Betz, Michael K. Young, Arnold B. Combe, David W. Pershing, Raymond Gesteland, James U. Jensen, Roger Boyer, Thomas Parks, Myriad Genetics, Jack Brittain, John Kendall Morris. For the reasons set forth in this Opinion, Plaintiffs' motion for summary judgment is granted in part, Myriad's motion for summary judgment is denied, the USPTO's motion for judgment on the pleadings is granted, and the claims-in-suit are declared invalid pursuant to 35 U.S.C. 101. Submit judgment on notice. It is so ordered. (Signed by Judge Robert W. Sweet on 3/29/2010) (tro) Modified on 4/7/2010 (ajc).