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:10/13/2017)... (PRWEB) , ... October 13, 2017 , ... Apple ... care services, staged a mock evacuation of the facility as part of a disaster ... Fire Department, Echo Hose EMS and Shelton City Emergency Manager, as well as the ...
(Date:10/13/2017)... , ... October 13, 2017 , ... Global Healthcare Management’s ... Alexandria Park in Milford, NJ. This free event, sponsored by Global Healthcare Management’s ... The fun run is geared towards children of all ages; it is a ...
(Date:10/13/2017)... ... October 13, 2017 , ... “The Journey: From the ... danger possible to save lost souls in the Philippines. “The Journey: From the Mountains ... a dedicated teacher of the Bible. She has taught all ages and currently teaches ...
(Date:10/12/2017)... ... October 12, 2017 , ... Planet Fitness, one of the largest and ... plans to open a flagship location in Covington, LA at 401 N. U.S. Highway ... store next to Office Depot in the Holiday Square shopping center. Its location allows ...
(Date:10/12/2017)... ... 2017 , ... Asante, a nationally recognized health system in ... existing home health joint venture through an agreement, effective October 1, 2017, to ... home health company with Asante, delivering clinically integrated care, for the past eight ...
Breaking Medicine News(10 mins):
(Date:10/10/2017)... -- NDS received FDA 510(k) clearance in May 2017 for its highly ... designed for endoscopy environments. An innovative secondary monitor solution, ZeroWire ... support the improvement of patient outcomes, procedural efficiency, and the lowering ... ... ...
(Date:10/4/2017)... 4, 2017  South Korean-based healthcare product Development Company ... "cprCUBE" on Kickstarter. The device will educate the user ... with better efficiency compared to the dated and pricey ... on efficacy of the compression for a more informed ... goal to raise $5,000. ...
(Date:10/2/2017)... 2017  Eli Lilly and Company (NYSE: ... third quarter of 2017 on Tuesday, October 24, 2017. ... day with the investment community and media to further ... call will begin at 9 a.m. Eastern time. Investors, ... webcast of the conference call through a link that ...
Breaking Medicine Technology: