Oral arguments for the Myriad Genetics, Inc. appeals case is set to begin April 4 with a possible written decision in June 2011, RBC Capital Markets said. …Previously on March 29, 2010, district court Judge Sweet issued a ruling that invalidated certain of Myriad Genetics’ patents related to the BRCA 1 and 2 breast and ovarian cancer susceptibility genes. …’A number of positive factors that could suggest a positive outcome, or overturn Sweet’s decision,’ said Michael Yee, an analyst at RBC Capital. The number of positive factors include: whether Assoc for Molecular Pathology had standing or jurisdiction to litigate in the first place (plaintiff is not harmed); American Bar Association wrote a 13-pg report in support of patentability of isolated genomic DNA to the House of Delegates; The Dept of Justice wrote an amicus brief to the Appeals Court stating they support patentability of Myriad’s cDNA; Judge Sweet ruled patent ineligibility based on Bilski before it was overturned by the Supreme Court. Additionally, the Appeals Court overturned the Promethus case, citing that patent eligibility should be broader than a ‘machine or transformation test’; and Judge Sweet has ruled on four other patent cases, all of which were appealed and all were overturned by the court, which bodes well for Myriad.