D'Arcy v Myriad Genetics Inc

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJYVONNE D'ARCY  APPELLANTANDMYRIAD GENETICS INC & ANOR  RESPONDENTSD'Arcy v Myriad Genetics Inc [2015] HCA 357 October 2015S28/2015ORDER1.Appeal allowed. 2.Set aside paragraph 1 of the order of the Full Court of the Federal Court of Australia made on 5 September 2014 and, in its place, order that:(a)the appeal be allowed; and(b)paragraph 1 of the order of Nicholas J made on 15 February 2013 be set aside and, in its place, order that claims 1, 2 and 3 of Australian Patent No 686004 be revoked.On appeal from the Federal Court of AustraliaRepresentationD K Catterns QC with P K Cashman for the appellant (instructed by Maurice Blackburn Lawyers)D Shavin QC with C Dimitriadis SC for the first respondent (instructed by Jones Day)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSD'Arcy v Myriad Genetics Inc Intellectual property – Patents – Patents Act 1990 (Cth) – Patentable subject matter – Patent claimed isolated nucleic acid coding for BRCA1 protein with specified mutations or polymorphisms indicative of susceptibility to cancer – Whether invention claimed is a patentable invention under s 18(1)(a) of Patents Act 1990 (Cth) – Whether invention claimed is a "manner of manufacture" within meaning of s 6 of Statute of Monopolies – Whether sufficient that invention claimed is artificially created state of affairs of economic significance – Utility of "artificially created state of affairs"...