We previously reported that the ACLU and Myriad each filed a Petition for Panel Rehearing with the Federal Circuit for review of the July 29, 2011 decision, Assn. Molec. Path. et al. v. USPTO et al. This dispute, now known as the “gene patenting case,” reviewed whether isolated genetic material and diagnostic tests that rely on the screening of this material are patent-eligible. Our prior posts discuss the merits of the July 29th, 2011 decision.

On September 13, 2011, the Federal Circuit denied the ACLU’s petition for rehearing. Today, we report that on September 16, 2011, the Federal Circuit denied Myriad’s petition as well.