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 associ
'/>"/>

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

Page: 1 2

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:7/23/2014)... 23, 2014 Celebrating a decade of ... today announced the awarding of $1,070,000 in grants to ... in recognition of the Foundation’s 1,000th grant. , “The ... our tradition of supporting community-based organizations that are working ... life in the Garden State,” said Robert A. Marino, ...
(Date:7/23/2014)... a growing body of research suggesting a safe ... treating postmenopausal breast cancer, with fewer detrimental side ... anti-hormone therapies. The study will be published in ... Reproductive Biology and Endocrinology . , Breast cancer ... in the United States. Approximately 70% of breast ...
(Date:7/23/2014)... 23, 2014 Global Cardio Care, Inc., ... External Counterpulsation (EECP), is celebrating the 100th birthday ... at the health center. , Weber has been ... receiving ongoing EECP therapy since 1999, he no longer ... CEO of Global Cardio Care, introduced the Sara ...
(Date:7/23/2014)... The voice on the recording was low and ... news he was infected with the human immunodeficiency virus (HIV) that ... next thing you know I was on the floor flat on ... was hopeful when the recording ended less than 10 minutes later. ... . because it is just God setting you up for ...
(Date:7/23/2014)... WEDNESDAY, July 23, 2014 (HealthDay News) -- For patients ... antiretroviral therapy may help control both viruses, a small ... findings to improve treatment strategies for people with the ... suppression with antiretroviral medications plays an important role in ... infection," said study leader Dr. Kenneth Sherman, a professor ...
Breaking Medicine News(10 mins):Health News:The Horizon Foundation for New Jersey Awards More than $1 million in Grants to 20 Non-profit Organizations 2Health News:The Horizon Foundation for New Jersey Awards More than $1 million in Grants to 20 Non-profit Organizations 3Health News:The Horizon Foundation for New Jersey Awards More than $1 million in Grants to 20 Non-profit Organizations 4Health News:The Horizon Foundation for New Jersey Awards More than $1 million in Grants to 20 Non-profit Organizations 5Health News:Hormones after breast cancer: Not fuel for the fire after all? 2Health News:Hormones after breast cancer: Not fuel for the fire after all? 3Health News:Hormones after breast cancer: Not fuel for the fire after all? 4Health News:Hormones after breast cancer: Not fuel for the fire after all? 5Health News:Global Cardio Care Celebrates EECP Patient’s 100th Birthday 2Health News:HIV clinic-based audio project emphasizes the power of patient voices 2Health News:HIV clinic-based audio project emphasizes the power of patient voices 3Health News:HIV Meds May Also Help Control Hepatitis C, Study Finds 2
... , , , , ANAHEIM, Calif., June ... entertainment, public health and justice professionals, and Drug Court graduates gathered ... and call for a Drug Court to be put within reach ... Court Professionals (NADCP) 15th Annual Training Conference. , , ...
... common cancers in China. Although the association between the ... the relation between smoking, alcohol drinking, family history of ... still remains uncertain. So it is important to investigate ... sporadic colorectal cancer. A research team led by ...
... Health Insurer Hires 200th Employee , , Momentum Builds ... Health Care Insurance Crisis , , AVENTURA, Fla., June ... health insurance benefit programs for the consumer market, today announced ... "Cinergy Health is a company with a clear mission -- ...
... ... & Public Relations® (BSAPR) a full-service, integrated strategic marketing services firm, today announced ... ... 2009 -- Blanchard Schaefer Advertising & Public Relations ® (BSAPR) a full-service, ...
... Thursday 11 June 2009: Undertaking a supervised exercise ... and physical function, reduce the need for daily ... depression and anxiety in people with rheumatoid arthritis ... at EULAR 2009, the Annual Congress of the ...
... STARTLING TRUTHS , , PALM COAST, Fla., June 11 ... photos are uploaded daily through digital networks such as Facebook and ... like acne have on the life of teens? Based on first ... social traits than if they had clear skin, according to results ...
Cached Medicine News:Health News:U.S. Drug Czar Addresses 2,500 Drug Court Professionals, Voices Strong Support for Expanding Drug Courts Throughout the Nation 2Health News:U.S. Drug Czar Addresses 2,500 Drug Court Professionals, Voices Strong Support for Expanding Drug Courts Throughout the Nation 3Health News:Cinergy Health Expands Staff in Face of Dramatic Growth 2Health News:Blanchard Schaefer Advertising & Public Relations Wins Healthcare Advertising Awards 2Health News:Blanchard Schaefer Advertising & Public Relations Wins Healthcare Advertising Awards 3Health News:Exercise improves functional and psycological ability and reduces steroid need in rheumatoid arthritis 2Health News:Photos: New Image Survey Reveals 'Perception Is Reality' When It Comes to Teenagers With Acne 2Health News:Photos: New Image Survey Reveals 'Perception Is Reality' When It Comes to Teenagers With Acne 3Health News:Photos: New Image Survey Reveals 'Perception Is Reality' When It Comes to Teenagers With Acne 4Health News:Photos: New Image Survey Reveals 'Perception Is Reality' When It Comes to Teenagers With Acne 5
(Date:7/23/2014)...  Varian Medical Systems (NYSE: VAR ) ... share in the third quarter of fiscal year 2014.  ... diluted share due to an approximately $8 million impairment ... investment in Augmenix, a privately-held company developing minimally invasive ... for the third quarter of fiscal year 2014, up ...
(Date:7/23/2014)... , July 23, 2014 UBM Medica ... – a new online community and information resource for ... manage and treat their patients with neurological disorders ... with an aging population, necessitates greater access to dedicated ...  Key statistics on neurological conditions include: , ...
(Date:7/23/2014)... , July 23, 2014 The Board of ... a leading provider of clinical trial imaging solutions, announced ... been named president and chief executive officer, effective immediately.  ... August 2013 and has held the positions of interim ... Dr. Charles E. Phelps , Ph.D., ...
Breaking Medicine Technology:Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 2Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 3Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 4Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 5Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 6Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 7Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 8Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 9Varian Medical Systems Reports Results for Third Quarter of Fiscal Year 2014 10UBM Medica US Launches NeurologyTimes.com 2UBM Medica US Launches NeurologyTimes.com 3Eric T. Converse Named President And Chief Executive Officer Of VirtualScopics, Inc. 2Eric T. Converse Named President And Chief Executive Officer Of VirtualScopics, Inc. 3Eric T. Converse Named President And Chief Executive Officer Of VirtualScopics, Inc. 4
... International, Inc., (OTC Bulletin Board: OXIS ; ... conference call with investors on Tuesday, March 22, 2011 ... During the call Anthony Cataldo, Chief Executive Officer, and ... the Company,s growth strategy, and take questions from call ...
... LA JOLLA, Calif., March 9, 2011 Scientific ... the foundation for the new drug Benlysta® (belimumab), approved today ... the most common type of lupus, is the first in ... attacking its own critical tissues. "I am deeply ...
Cached Medicine Technology:New Lupus Drug Results From Scripps Research Technology 2New Lupus Drug Results From Scripps Research Technology 3New Lupus Drug Results From Scripps Research Technology 4
Fully lined with cotton material for extra softness against patients skin. The 3 double adjustable soft Velcro® bands provide vertical/downward pressure for adjustable comfort following submuscu...
This compression garment can be used for Breast Augmentation, Augmentation Mammaplasty, Trans Umbilical Breast Augmentation, Transaxillary Submuscular Augmentation....
Sub Pectoral Breast Augmentation Wrap...
Bandeau Bra...
Medicine Products: