13 June 2013

An interesting admission from Justice Scalia in the DNA patent case?

Justice Scalia's concurrence in today's decision in Association for Molecular Pathology v. Myriad Genetics, Inc.:
JUSTICE SCALIA, concurring in part and concurring in the judgment.
I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.
A very interesting admission from a Supreme Court Justice, and especially from Justice Scalia? He seems to be saying "I don't quite understand the science enough to join the entire opinion, but I'm sufficiently informed to agree with the overall decision."

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