I confess that I’ve become addicted to this case and just finished all 63 pages of the transcript of the oral argument that took place on Monday. I won’t try to summarize it, but rather will try to review some trends.
1) Four of the Justices (Scalia, Kennedy, Kagan and Roberts) all expressed concern that ruling that isolated DNA is not patent-eligible would discourage investment in the research needed to lead to further useful inventions based on isolated genes. The question is, of course, how concerned are they? However Hansen, arguing for Myriad was questioned about this early in his time slot.