March 2010
Both sides in the landmark lawsuit challenging the patenting of human genes have asked a federal court to rule in their favor without a trial during oral arguments at a Feb. 2 hearing in New York City, reports Washington G-2 Reports’ National Intelligence Report. This marks the first time that a challenge to gene patenting has been heard in federal court.
At issue are patents granted to Myriad Genetics (Salt Lake City) and the University of Utah Research Foundation for BRCA1 and BRCA2 genes, which are indicators of hereditary disposition to breast and ovarian cancer. The core of the case is whether the patent claims cover “products of nature” and “laws of nature” and are therefore invalid. The lawsuit was filed in May 2009 by the American Civil Liberties Union (ACLU) on behalf of an estimated 150,000 researchers, physicians, laboratory professionals, and patients.
Myriad said a decision to invalidate the patents would “lead to the invalidity of thousands of biotechnology patents, and effectively unravel the foundation of the entire biotechnology industry. Numerous therapeutic drugs and diagnostic tests in development would be jeopardized.”
A decision is expected in the next few months, the ACLU said. It is likely to be appealed to a court in Washington, D.C., that specializes in patent law, according to legal sources following the case.
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March 2010 - Table of Contents
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