LES Toronto Chapter World IP Day FREE event features Ron Dimock & Don MacOdrum — Wed Apr 24 @ 6 pm: http://www.lesusacanada.org/chapters/canada/toronto-chapter/april-24-2013-toronto-chapter-meeting …… USSC hears the Myriad Genetics case Justices Seem Wary of Bold Action in
Gene Patent Case http://ow.ly/k5R94 GE Offering Thousands Of Its Patents In Exchange For Innovation http://ow.ly/k3rro Apple licenses $ 10M in... Continue reading →
Not exact matches
After an unanticipated setback a year ago, Myriad Genetics has taken its
case to a federal appeals court to retain its
patents for the BRCA1 and BRCA2
genes
Access to genetic testing Some say
gene patents restrict access to genetic testing, and in some
cases, prevent patients from being tested at all.
The court was ruling on a
case, In re Kubin, involving a
patented gene sequence for the human immune protein NAIL, owned by Amgen Inc. in Thousand Oaks, California.
«
Gene patents defy common sense,» says Chris Hansen, one of the ACLU lawyers handling the
case.
Defendants in a high - profile lawsuit that could have significant implications for thousands of
patents on human
genes have now asked a federal judge to dismiss the
case, calling it a «thinly veiled attempt to challenge the validity of
patents.»
Biotech companies got a break today when a U.S. appeals court handed down a long - awaited ruling on
gene patents in a
case prompted by a suit involving Myriad Genetics of Salt Lake City.
The
case seeks to invalidate the biotechnology company Myriad's
patents of two
genes, BRCA1 and BRCA2, which are involved in the estimation of breast cancer.
Ultimately, the
case will decide whether human
genes can indeed be
patented in the United States.
The U.S. Supreme Court isn't the only high court considering a precedent - setting
case on
patenting human
genes.
As with the
case before the U.S. Supreme Court, Australian opponents of
gene patenting argue that it discourages research by placing financial and legal hurdles in front of scientists who are seeking to work with
patented biological material.
The
case highlights concerns that a network of individual
gene patents could threaten the future of personalized medicine and whole - genome sequencing by blocking companies and clinicians from reporting a patient's genetic risk factors for different diseases.
Myriad's portfolio also includes
patents on methods of analyzing BRCA
genes for links to cancer — and these are outside the scope of the current
case.
The
case is limited to
patents that cover the sequence of a
gene, rather than methods used to analyze it (see «A plethora of
patents»).
A court
case surrounding
gene patents for high - risk forms of breast cancer puts two viewpoints of «products of nature» on the stand.
She was the original plaintiff in the Supreme Court
case that overturned the ability to
patent genes and the Institute of Medicine Committee on Genetic Testing.
The
case is important because thousands of
genes have been
patented in the United States, and no one is sure what will happen if the judges rule Myriad's
patents invalid.
Now, Monsanto, leader in the production of genetically modified seeds, maintains a $ 10m budget for investigating and prosecuting «seed savers», and has won
cases against farmers whose only crime is that, due to the birds, bees and wind, some of their plants have been pollinated by plants containing
patented Monsanto
genes.
This would seem to be the
case, and all the more so, when the University of Utah Research Foundation launched
patent - infringement suits against Ambry Genetics and
Gene by
Gene on July 9th and 10th, as these two companies had started to provide women with the genetic tests for breast cancer at greatly reduced prices ($ 2,280 and $ 995 respectively).
Let me show how the distinction is both missing and operative in the
case of the BRCA1 and BRCA2
gene patents.