Assoc. for Molecular Pathology v. Myriad Genetics, Inc.
Annotate this Case
569 US ___ (2013)
SUPREME COURT OF THE UNITED STATES
ASSOCIATION FOR MOLECULAR PATHOLOGY, et al., PETITIONERS v. MYRIAD GENETICS, INC., et al.
on writ of certiorari to the united states court of appeals for the federal circuit
[June 13, 2013]
Justice Scalia, concurring in part and concurring in the judgment.
I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am un- able to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.