District Court Hears Oral Arguments in Case Challenging Gene Patent Constitutionality

Patent eligibility under Section 101 of the Patent Act took center stage Feb. 2 in the U.S. District Court for the Southern District of New York, as the case challenging the patenting of isolated DNA generally turned away from the constitutional arguments that dominated the debate thus far (Association for Molecular Pathology v. U.S. Patent and Trademark Office, S.D. N.Y., No. 09 Civ. 4515, argued 2/2/10). The parties’ oral arguments touched on the First Amendment and intellectual property clause issues raised in the original complaint, but no party contradicted the Patent and Trademark Office’s argument that the constitutional issues arise only if…

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