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The holding is the portion of the court's opinion that announces how the law is being applied to particular facts of the case. Identifying the
The "holding" is the portion of the court's opinion that announces how the law is being applied to particular facts of the case. Identifying the holding from a legal opinion is important because it establishes a "precedent" a prior rule that indicates how similar cases might be decided in the future.
For example, the holding in the Myriad case breast cancer gene patent was that one cannot obtain a patent on a human gene sequence because it is a product of nature, not innovation. This established the important precedent that newly discovered human gene sequences cannot get patent protection.
From this week's reading, identify the court's holding from the case Nat'l Assoc. Pharm. Mfg v FDA
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