Breast Cancer Gene Case Has Another Day in Court
By Eric Hoffman and Jaydee Hanson, Biopolitical Times guest contributors
| 04. 07. 2011
A three-judge federal appeals court heard arguments on Monday in a
case that could decide the future of human gene patents. The
high-profile lawsuit was filed by the American Civil Liberties Union and
the Public Patent Foundation on behalf of a number of researchers,
patients, women’s health organizations and scientific organizations
against Myriad Genetics and the University of Utah Research Foundation,
holders of patents on genes known as BRCA1 and BRCA2 that are associated
with elevated risk of breast cancer. The plaintiffs argue that the US
Patent and Trade Office erred in granting these patents because genes
are products of nature, not human inventions.
The panel heard Myriad’s appeal of a decision strongly favoring the
plaintiffs that was issued in March 2010 by Federal District Court Judge
Robert Sweet. Whatever is decided by the appeals court, many observers
expect the case to continue on to the Supreme Court.
A few things stood out in Monday’s hearing. First, the judges were very
interested in whether all the plaintiffs actually have standing in the
case – that is, in whether they have...
Related Articles
GeneWatch UK has prepared a briefing on the genetic modification of nature for the International Union for Conservation of Nature (IUCN) Congress in October 2025
The upcoming Congress claims to be “where the world comes together to set priorities and drive conservation and sustainable development action.” A major concern for those on the outside is that the Congress may advance plans to develop and encourage the use of synthetic biology in nature conservation. This could at first glance sound like...
By Aaron Ginn, The Washington Post | 09.12.2025
Earlier this year, I had dinner in D.C. with Jensen Huang, the president and chief executive of Nvidia. At one point, he said something that struck me: “Why is everyone here so negative?”
He wasn’t referring to the economy...
By Roni Caryn Rabin, The New York Times | 08.25.2025
Scientists have dreamed for centuries about using animal organs to treat ailing humans. In recent years, those efforts have begun to bear fruit: Researchers have begun transplanting the hearts and kidneys of genetically modified pigs into patients, with varying degrees...
The Center for Genetics and Society is delighted to recommend the current edition of GMWatch Review – Number 589. UK-based GMWatch, a long-standing ally, was founded in 1998 by Jonathan Matthews as an independent organization seeking to counter the enormous corporate political power and propaganda of the GMO industry and its supporters. Matthews and Claire Robinson are its directors and managing editors.
CGS works to ensure that social justice, equity, human rights, and democratic governance are front...
