DNA in Diagnostics is just one slice of the biotechnology pie. Much of the rationale behind Judge Sweet’s decision on the gene claims could also apply to proteins and other biomolecules. In fact, patented proteins are far less “markedly different” from their naturally existing counterparts than cDNA molecules from naturally occurring genes. The implications tread a very slippery slope that could be devastating to the biotechnology industry. As such, it is good to hear Ann state their general position supporting intellectual property rights. After all, it is better to have a wide array of temporarily pricey new biotechnology available than little new biotechnology development at all.

The process claims were already likely toast anyway due to Bilski, as you discussed.