Navigation Links
ACLU -- Myriad Genetics lawsuit will become landmark case
Date:5/14/2009

New Rochelle, NY, May 14, 2009The American Civil Liberties Union action in filing a lawsuit yesterday against Myriad Genetics is going to lead to one of the most important legal battles in the history of biotechnology, asserts Genetic Engineering & Biotechnology News (GEN). (www.genengnews.com) The ACLU charged that the patenting of two human genes linked to breast and ovarian cancer will inhibit medical research. The organization also claims that the patents are invalid and unconstitutional.

"This is going to turn into one of the watershed events in the evolution of the bioindustry," says John Sterling, Editor in Chief of GEN. "The pros and cons of patenting genes have been an ongoing, and often acrimonious series of debates, since the in re Chakrabarty decision in 1980. But this particular case seems to have taken on a life of its own with over fifteen plaintiffs. For while the lawsuit specifically centers on the patentability of two cancer-related genes, the ACLU says it plans to challenge the entire concept of patenting genes. What we have here is one group, the ACLU and its allies, contending that gene patents stifle life science research and potentially harm the health of thousands of patients. On the other side are biotech companies who maintain that without gene patents research incentives are seriously diminished and innovation is smothered."

Kenneth I. Berns, M.D., Ph.D., Editor in Chief of the peer reviewed journal, Genetic Testing and Molecular Biomarkers (http://www.liebertpub.com/gtmb), which is the official journal of the Genetic Alliance, says the "patenting of human genes is a bad idea and that healthcare in the U.S. would be enhanced if the ACLU suit prevails." Dr. Berns is also Director of the University of Florida Genetics Institute in Gainesville.

William Warren, partner at the Sutherland law firm, thinks the ACLU, in this case, is barking up the wrong tree. "The ACLU unexpectedly based its invalidity challenge on claims to unpatentable subject matter," he says. "The ACLU might have instead considered challenging the Myriad patents for obviousness." Warren and Sutherland colleague, Lei Fang, Ph.D., M.D., have authored a legal article, which will be published in the June 1 issue of GEN entitled "Patentability of Genetic Sequences Limited." It is now available online. (http://www.genengnews.com/news/bnitem.aspx?name=54504126&source=genwire)


'/>"/>

Contact: John Sterling
jsterling@genengnews.com
914-740-2196
Mary Ann Liebert, Inc./Genetic Engineering News
Source:Eurekalert

Related biology news :

1. Genetics determine optimal drug dose of common anticoagulant
2. American College of Medical Genetics responds to new FDA labeling decision for warfarin
3. Rutgers Genetics receives $7.8 million for autism research
4. UD leads $5.3-million research project on rice epigenetics
5. UD leads $5.3-million research project on rice epigenetics
6. Wasp genetics study suggests altruism evolved from maternal behavior
7. Maynard Olson receives $500,000 Gruber Genetics Prize
8. UBC discovery unlocks tree genetics, gives new hope for pine beetle defense
9. Ecologists, material scientists pursue genetics of diatoms elegant, etched casing
10. Scientists achieve major genetics breakthrough
11. Environmental epigenetics has potential for preventing and treating disease
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:1/26/2017)...  Crossmatch, a leading provider of security and identity ... combatting fraud, waste and abuse in assistance operations around ... on Disaster Relief conference in Panama City ... and foreign assistance organizations throughout Latin America ... a largely unacknowledged problem in the foreign assistance and ...
(Date:1/24/2017)... , Jan. 24, 2017 Biopharm Reports ... the laboratory use of nuclear magnetic resonance spectroscopy ... end-users and profiled current practices, developments, trends and ... well as growth and opportunities. These areas include ... NMR instruments, needs and innovation requirements, hyphenated NMR ...
(Date:1/21/2017)... 20, 2017 Research and Markets has announced ... report to their offering. ... The global voice recognition biometrics market to grow ... The report covers the present scenario and the growth prospects ... the market size, the report considers the revenue generated from the ...
Breaking Biology News(10 mins):
(Date:2/23/2017)... Baltimore, Maryland (PRWEB) , ... ... ... firm, PathSensors, Inc., announced today that in a published evaluation of multiple ... (PNNL), a U.S. Department of Energy Laboratory, PathSensors’ CANARY® biosensor threat detection ...
(Date:2/23/2017)... ... February 23, 2017 , ... The Greater Gift Initiative, Inc , ... Compass Research . GGI's mission is to advance global health and highlight the ... need in honor of each clinical trial volunteer. The vision of GGI is to ...
(Date:2/23/2017)... SAN FRANCISCO , Feb. 23, 2017   ... Beyond Type 1, a not-for-profit advocacy and education group ... a grant from Beyond Type 1 to support ViaCyte,s ... and other insulin-requiring diabetes.  For more ... cell-derived cell replacement therapies with a focus on the ...
(Date:2/22/2017)... , ... February 22, 2017 , ... ... is has acquired Kendall Research Systems, LLC (KRS) clinical development program. ... develops neural interface technology for research and clinical applications. The terms of the ...
Breaking Biology Technology: