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:6/27/2016)... ... June 27, 2016 , ... TherapySites, the ... affiliation with Tennessee Counseling Association. This new relationship allows TherapySites to ... Counseling Association, adding exclusive benefits and promotional offers. , "TCA is extremely excited ...
(Date:6/27/2016)... ... June 27, 2016 , ... ... to revolutionize the emergency ambulance transport experience for the millions of people who ... Uber has disrupted the taxi industry through the use of technology. Now, SmartEMS ...
(Date:6/26/2016)... N.J. (PRWEB) , ... June 27, 2016 , ... Quality ... sources, yet in many ways they remain in the eye of the beholder, according ... (EBO), a publication of The American Journal of Managed Care. For the full issue, ...
(Date:6/26/2016)... ... ... Pixel Film Studios Released ProSlice Levels, a Media Slicing Effect Plugin ... whole new perspective by using the title layers in ProSlice Levels to split-up ... Levels contains over 30 Different presets to choose from. FCPX users can ...
(Date:6/26/2016)... NC (PRWEB) , ... June 26, 2016 , ... Brent Kasmer, a legally blind and ... to be personalized through a fitness app. The fitness app plans to fix the two ... currently only offer a one size fits all type program , They don’t ...
Breaking Medicine News(10 mins):
(Date:6/23/2016)... a startling report released today, National Safety Council research ... proven plan to eliminate prescription opioid overdoses. Prescription Nation ... tackling the worst drug crisis in recorded U.S. history, assigned a ... , New Mexico , Tennessee ... failing states, three – Michigan , ...
(Date:6/23/2016)... June 23, 2016 Research and Markets ... Medical Market Analysis 2016 - Forecast to 2022" report ... The report contains up to date financial data derived from ... of major trends with potential impact on the market during ... market segmentation which comprises of sub markets, regional and country ...
(Date:6/23/2016)... Research and Markets has announced the addition of ... their offering. The current ... environment for MedImmune to enter. The US ageing population creates ... drive considerable growth for effective anti-influenza medications. The introduction of ... but development is still in its infancy. ...
Breaking Medicine Technology: