We recently reported on the decision by a five judge bench of the Full Court of the Federal Court of Australia (Full Court) which found that Myriad Genetics Inc’s patent covering the isolated BRCA1 gene is valid. The Full Court unanimously rejected an appeal by Ms. Yvonne D’Arcy from a decision by Justice Nicholas at first instance. Read our alert here.
It is now being reported that Ms. D’Arcy has sought special leave to appeal the decision to the High Court of Australia (High Court).
An appeal to the High Court in cases such as this one is not an automatic right and, so, Ms. D’Arcy will need to first satisfy the High Court that leave should be granted, before the Court will hear her appeal. If the special leave application is denied, Ms. D’Arcy will not have any further rights of appeal and so Justice Nicholas’s decision at first instance will stand.
We will continue to update you as to whether or not special leave is granted.