Stanford Law Professor Hank Greely has a quick note in The Supreme Court Has Gavrilo’d the Myriad Case writing:
"Granted, vacated, and remanded in light of... Prometheus."We previously posted about Myriad at Split Federal Circuit in Myriad Case Partially Reverses District Court and Finds Isolated Human Genes to be Patentable: Subsequent Supreme Court Review of this Case is Surely Essential.
This is really a toss of the ball back into the Federal Circuit's court, giving them a chance to apply Prometheus sensibly and, of course, to rule instead that isolated human genes are not patentable, which is and can be the only acceptable decision.
The logic we suggest is: if you cleave an orange in two, you can not claim the two orange halves as inventions, and so it is also with human genes.