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order of the coitus
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"Congress, after all, has stated that business methods are patentable." Really? Are you a lawyer?
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This suit will be dismissed in short order -- the issues are not justiciable. In fact, the plaintiffs may even be sanctioned for filing it. I don't think the suit is even necessary if the goal is to permit others to offer a test to analyze these genes for the presence of mutation. With respect to the composition claims, I haven't looked at them in detail, but it seems that a BRACAnalysis-style test would either not infringe such claims, or could be easily modified to avoid such claims (sequencing technology has come a long way, baby). As for the method claims, these are dead under Bilski, and will further be crushed when the Federal Circuit decides Prometheus v. Mayo. The notion that patents provide the necessary incentive for the development and commercialization of diagnostic tests is nonsense. It's not like it takes 10 years and $100M to get a test commercialized. Obviously it takes some time and money, but so does opening your own coffee shop. Remember, the overwhelming majority of discoveries which underlie diagnostic tests were and are made by researchers at non-profit entities like government labs and universities. These folks won't care if patents aren't available for this stuff.
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