Breast Cancer Genes and Patient Protection in an Era of Personalized Medicine

Genetic testing is often heralded as a cornerstone in an imminent and exciting new age of personalized medicine, in which our health care is customized based on our individual genetic profiles. But let's not get carried away by the fantasy and promise; progress has lagged while persistent medical, ethical and scientific issues associated with genetic testing abound.

Last week, we witnessed a major step toward reigning in what has, until last year, been a veritable Wild West of genetic testing. On Monday, a U.S. District Court Judge in Utah decided that Myriad Genetics could not stop a competitor (Ambry Genetics) from offering commercial BRCA ("breast cancer gene") testing as their current legal suit winds through the courts. (Full disclosure: Breast Cancer Action filed an amicus brief in opposition to Myriad's request for an injunction, along with the American Civil Liberties Union (ACLU), Public Patent Foundation (PUBPAT), Association for Molecular Pathology (AMP), and the AARP, each of which was also involved in a multi-year lawsuit cited below which challenged Myriad's patent claims on the two BRCA genes.)

This somewhat esoteric legal...