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The Federal Circuit Court of Appeals this week denied Myriad's motion to declare the case against its BRCA patents moot, reports Patent Docs' Kevin Noonan. When the court originally heard the case, it declared that only one of the named plaintiffs, Harry Ostrer, had standing to bring the case because he said he was ready to use the patented BRCA diagnostic method in his practice if the patent was struck down, Noonan says.

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