Published via L: 2013-06-15 05:15:42
In a 9-0 decision, the Supreme Court ruled Wednesday that naturally-occurring human DNA cannot be patented, invalidating patents awarded to Myriad Genetics for the BRCA1 and BRCA2 genes. These genes are used to help doctors assess breast cancer risk and were thrust into the public eye last month when Angelina Jolie underwent a double masectomy after testing positive for both mutations. Siding with the Association of Molecular Biologists, the American Civil Liberties Union and other plaintiffs, Justice Clarence Thomas broke the case down simply: “Myriad did not create anything.”
My Two Cents
Great summary by David Holmes on the big ruling by the Supreme Court about not providing patent protection for naturally occurring human DNA. What really surprised me about this ruling is that a very conservative Sup.Ct. went 9-0 to strike down naturally occurring human DNA. Note the Plaintiff side is the ACLU and friends. It's not often the ACLU wins a 9-0 shutout with this Court.
It will be very interesting to watch to see what happens next in this area. With a 9-0 win, I would bet that the ACLU and friends will be moving quickly to see if they can extend this winning streak... I would love to see the Sup.Ct. chip away at anything that remotely smacks of naturally occurring. As it relates to GMO, we can only hope for these types of wins.
Anyone agree with me that the public announcement by Ms. Jolie re her BRCA1 and BRCA2 diagnosis was influenced by this very important case in front of the Supreme Court? Henrietta Lacks is smiling in Heaven that somebody else doesn't own the patents to her genes anymore. Well done Supreme Court! You got an important case very right.
In a 9-0 decision, the Supreme Court ruled Wednesday that naturally-occurring human DNA cannot be patented, invalidating patents awarded to Myriad Genetics for the BRCA1 and BRCA2 genes. These gene...
