"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Justice Clarence Thomas writes in the court's decision following a unanimous ruling in the case of Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al.. "Myriad did not create or alter either the genetic information encoded in the BCRA1 and BCRA2 genes or the genetic structure of the DNA. It found an important and useful gene, but groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry." [more inside]
After a decade or so of legal back-and-forth between Utah-based Myriad Genetics and medical researchers, the ACLU, and the Public Patent Forum, the US Supreme Court will hear a case next week which attempts to address whether genes — isolated (derivative) or original — can be patented. The stakes are high on both sides: opponents use Myriad's actions to argue that giving short-term monopoly control over humanity's genetic constituency is not in the public interest, while proponents defend the use of patents to spur private research in biotech, alternative energy and other nascent industries.
Followup to this post: A US District Court has ruled that Myriad Genetic's patents on breast cancer genes BRCA1 and BRCA2, which allow them to hold exclusive rights to a widely used genetic test for inherited breast and ovarian cancer susceptibility, are invalid. Genomics Law Report analyzes the ruling in two posts. The decision is likely to be challenged in a legal appeal — but if upheld, it could have huge implications for the biotechnology industry. [more inside]
On behalf of medical organizations, universities, & individual patients, pathologists and genetics researchers, the ACLU has filed a lawsuit against Utah-based Myriad Genetics and the US Patent and Trademark Office. Myriad holds the US patents to the BRCA1 and BRCA2 genes, associated with hereditary causes of breast and ovarian cancers. Their patents guarantee the company the right to prevent anyone else from testing or studying those genes, which the ACLU says is unconstitutional and inhibits researchers from finding treatments and cures. [more inside]
Boy meets girl, you know how it goes. The catch? They're made from Myriad Pro. This short TED talk by someone called Rives was cute, and whimsical enough to make me smile. [more inside]