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Westlaw News

Biotech firm seeks Supreme Court review of canceled 'junk' DNA patent

By pointing out what it says is an inconsistency in how a federal appeals court is dealing with biotechnology patents, a diagnostic testing company is hoping the U.S. Supreme Court will review the cancellation of its patent on a practical use for so-called junk DNA.

Genetic Technologies Ltd, also known as GTG, filed a petition for certiorari on Monday. The company’s lawyers at Sheridan Ross said the U.S. Court of Appeals should not have canceled its patent last April as based on a natural phenomenon, when it upheld an “indistinguishably analogous” patent just a few months later.

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