The challenged composition claims cover two isolated human genes or mutations in these genes associated with a predisposition to breast and ovarian cancers

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Plaintiffs brought suit against Myriad, challenging the patentability of certain composition and method claims relating to human genetics.

Specifically, Plaintiffs sought a declaration that fifteen claims from seven patents assigned to Myriad are drawn to patent-ineligible subject matter under 35 U.S.C. § 101: claims 1, 2, 5, 6, 7, and 20 of U.S. Patent 5,747,282; claims 1, 6, and 7 of U.S. Patent 5,837,492; claim 1 of U.S. Patent 5,693,473; claim 1 of U.S. Patent 5,709,999; claim 1 of U.S. Patent 5,710,001; claim 1 of U.S. Patent 5,753,441; and claims 1 and 2 of U.S. Patent 6,033,857.

The challenged composition claims cover two "isolated" human genes, BRCA1 and BRCA2 and certain alterations, or mutations, in these genes associated with a predisposition to breast and ovarian cancers.