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Richard Gilly Quoted in Medical Device Daily on High-Profile Patent Life Science Cases
November 12, 2012
Richard Gilly was quoted in the Medical Device Daily article, "Two Cases Tugging at Patents as the Myraid Appeal Lingers," which examined two patent cases, CLS v. Alice and Ultramercial v Hulu. Their outcomes could reset subject matter eligibility, influencing the lingering high-profile cases Prometheus and Myriad. The latter currently being pressed toward the Supreme Court.

"The implications of the Supreme Court taking this [Myraid] is likely to be greater than either Ultramercial or Alice because in a review of Myraid, they're going to address laws of nature and natural phenomena, whereas the other two are about abstract ideas," said Gilly. "An adverse outcome in Myraid might extend beyond genetics and affect patents for proteomics as well. Such an outcome would foster a huge disincentive to research if the bad news about genetics extended to proteomics," he cautioned.

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