Will the future of gene patents be "markedly different" after Myriad?

On October 22, 2010, Myriad Genetics, Inc filed a brief on appeal to the US Court of Appeals for the Federal Circuit in its widely watched ‘gene patenting’ case. While many patent attorneys speculated that the ruling would not stand on appeal, recent developments, including the US Department of Justice’s (DOJ) filing of an amicus brief taking the position that isolated genes are not patentable, and Judge Dyk’s dissenting opinion in Intervet Inc. v. Merial Limited and Merial SAS, are providing room for doubt.