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Metaphors of rocks and baseball bats dominate arguments in Myriad patent case

This article was originally published in Scrip

Executive Summary

In a case involving the patentability of isolated DNA, lawyers arguing before the US Court of Appeals for the Federal Circuit on 4 April used hypothetical situations and analogies, for the most part, instead of relying on historical case law on which to base their arguments – with both sides referencing extractions involving everything from baseball bats from trees to kidneys from the body to minerals from rocks to get their points across.



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