Navigation Links
Divided appeals court rules on BRCA case
Date:8/1/2011

BETHESDA In a 2-1 decision, a federal appeals court today partially reversed a lower court's ruling in a case challenging patents on two human genes, BRCA1 and BRCA2, associated with hereditary breast and ovarian cancer. The court ruled that companies can obtain patents on the genes but cannot patent methods to compare those gene sequences.

The lawsuit, Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., charged that the challenged patents are illegal and restrict both scientific research and patients' access to medical care, and that patents on human genes violate the First Amendment and patent law because genes are "products of nature."

"AMP's position agrees with the dissent from today's decision. Genes or a sequence of the genome is a product of nature and should not be patentable," said Timothy J. O'Leary, MD, PhD, AMP President. "While attaching intellectual property rights to true acts of invention such as new therapeutics, diagnostics, or technology platforms is essential to encourage investment and reward innovation, gene patents can serve as a disincentive to innovation in molecular testing because they deny access to a vital baseline of genomic information that cannot be invented around."

One of the three judges on the panel dissented in part with the decision, writing that patents on the genes should be invalid. "[E]xtracting a gene is akin to snapping a leaf from a tree," Judge William C. Bryson of the U.S. Court of Appeals for the Federal Circuit wrote. "Like a gene, a leaf has a natural starting and stopping point. It buds during spring from the same place that it breaks off and falls during autumn. Yet prematurely plucking the leaf would not turn it into a human-made invention."

The lawsuit was filed by the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT) on behalf of breast cancer and women's health groups, individual women, geneticists and scientific associations representing approximately 150,000 researchers, pathologists and laboratory professionals. Because the ACLU's lawsuit challenges the whole notion of gene patenting, its outcome is likely to have far-reaching effects beyond the patents on the BRCA genes.

Dr. O'Leary continued, "Gene patents and exclusive licenses that confine molecular testing to a single provider are detrimental to the public interest by limiting patient access to testing. Monopolies on gene testing make it impossible for patients to access alternate tests or get a second opinion about their results. AMP will continue to advocate until a resolution is found either in the courts or in legislation."


'/>"/>

Contact: Mary Steele Williams
mwilliams@amp.org
301-634-7921
Association for Molecular Pathology
Source:Eurekalert

Related medicine news :

1. Experts Divided on Whether to Treat Thyroid Cancer
2. FDA Advisers Divided on Whether to Ban Diet Drug Meridia
3. Connor Sport Court Lays the Ground for NBA All-Star Jam Session Presented by Adidas
4. Prince Court Medical Center in Malaysia to Release First Patients Beyond Borders FOCUS ON:™
5. Health Groups Ask Supreme Court to Authorize Financial Penalties on Tobacco Companies for Decades of Wrongdoing
6. Court Orders Reinstatement of Vital, Cost-Saving Treatment for Children With Autism
7. Legacy(SM) Case for Tobacco Funds to be Heard by Ohio Supreme Court
8. Court Hearing Thursday on Physicians Challenge to Obamacare: Doctors Argue Against Arbitrary Power and Tyranny
9. Democracy on Trial: SEIUs $25 Million Lawsuit Against Union Reformers Goes to Court Monday
10. Court Authorizes Haemacure to Sell its Assets and Grants a Second Extension to Make a Proposal to its Creditors
11. New Free Webinars Announced to Discuss the Latest Federal Court Overpayment Lawsuit Ruling and New Obama Health Laws for the Skyrocketing $6 Trillion Overpayment Recoupment Market
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:3/27/2017)... , ... March 27, 2017 , ... ... Conventional sodium testing methods are complicated and require expert user knowledge. In a ... analytical method dedicated to the simplified, yet highly accurate, determination of sodium. , ...
(Date:3/27/2017)... ... March 27, 2017 , ... Golden Triangle ... 8:00am-10:00am on Monday, April 3rd to commemorate the two-year anniversary of the facility. ... area-residents to celebrate two great years while also familiarizing themselves with the facility. ...
(Date:3/27/2017)... (PRWEB) , ... March 27, 2017 , ... Harris Communications, ... of hearing, is bringing its latest products to the Deaf Seniors of America Conference, ... have the opportunity to meet with knowledgeable ASL friendly staff from Harris Communications and ...
(Date:3/25/2017)... ... ... at Swissray is pleased to announce the release of the ELITE DXA, a new ... active scan window, which is more than double that of existing bone densitometers. Historically, ... undergo an accurate total body bone density or body composition study. The ELITE ...
(Date:3/24/2017)... , ... March 24, 2017 , ... ... which will spark a conversation on the current obstacles facing infection prevention and ... completely preventable deaths caused by these infections. , The print component of ...
Breaking Medicine News(10 mins):
(Date:3/27/2017)... Israel , March 27, 2017 ... oncology and immunology, announced today that AGI-134, an immunotherapy for ... acquisition of Agalimmune Ltd., will be featured at the upcoming ... in Washington, DC to be held ... ...
(Date:3/27/2017)... 2017  BERG, a biopharmaceutical company uncovering ... approach, today announced that the company,s Interrogative ... new data using a cold-induced model to ... Joslin Diabetes Center led the investigation with ... analysis of samples.  The findings were published ...
(Date:3/27/2017)... BOSTON , March 27, 2017 ... pharmaceutical company and Paratek Pharmaceuticals, Inc. (Nasdaq: PRTK), ... commercialization of innovative therapies based upon tetracycline chemistry, ... sarecycline for the treatment of moderate to severe ... Sarecycline is a once-daily, oral, narrow spectrum tetracycline-derived ...
Breaking Medicine Technology: