US Supreme Court Asked to Reconsider Gene Patents
By Ruth Saunders,
BioNews
| 10. 01. 2012
The American Civil Liberties Union (ACLU) has asked the US Supreme Court to reconsider its decision to uphold the patent held by Myriad Genetics on two human genes associated with hereditary breast and ovarian cancers.
The lawsuit was filed by ACLU and the Public Patent Foundation on behalf of medical associations including the Association for Molecular Pathology, scientists, patients and women's health groups. It is the latest part of an ongoing battle over the validity of the patents held by Myriad Genetics. The lawsuit claims the patents are illegal and will both hamper scientific research and limit accessibility to medical care.
The ruling over the gene patents has been going back and forth since March 2010, when a district court declared the patents invalid, but was later overturned by the Court of Appeal for the Federal Circuit (CAFC). The decision was passed on to the Supreme Court, which asked the CAFC to reassess their judgement taking into consideration the Supreme Court's recent ruling against a similar patent.
The genes in question, BRCA1 and BRCA2, can be used to detect the...
Related Articles
By Grace Won, KQED [with CGS' Katie Hasson] | 12.02.2025
In the U.S., it’s illegal to edit genes in human embryos with the intention of creating a genetically engineered baby. But according to the Wall Street Journal, Bay Area startups are focused on just that. It wouldn’t be the first...
By Emma Cieslik, Ms. Magazine | 11.20.2025
Several recent Biopolitical Times posts (1, 2, 3, 4) have called attention to the alarmingly rapid commercialization of “designer baby” technologies: polygenic embryo screening (especially its use to purportedly screen for traits like intelligence), in vitro gametogenesis (lab-made eggs and sperm), and heritable genome editing (also termed embryo editing or reproductive gene editing). Those three, together with artificial wombs, have been dubbed the “Gattaca stack” by Brian Armstrong, CEO of the cryptocurrency company...
By Adam Feuerstein, Stat | 11.20.2025
The Food and Drug Administration was more than likely correct to reject Biohaven Pharmaceuticals’ treatment for spinocerebellar ataxia, a rare and debilitating neurodegenerative disease. At the very least, the decision announced Tuesday night was not a surprise to anyone paying attention. Approval...