The AP (12/1) reported the Supreme Court
"will decide whether companies can patent human genes, a decision that
could reshape medical research." The court said last Friday it would hear
the case of the Association for Molecular Pathology v. Myriad Genetics, Inc.
The Times said a "decision will likely resolve an ongoing battle between
scientists who believe that genes carrying the secrets of life should not be
exploited for commercial gain and companies that argue that a patent is a
reward for years of expensive research that moves science forward." Myriad
Genetics has a test that probes for a gene that indicates a predisposition to
breast cancer and is correlated with ovarian cancer. The American Civil
Liberties Union (ACLU) has challenged Myriad Genetics' patents, with plaintiffs
that include "geneticists who said they were not able to continue their
work because of Myriad's patents, as well as breast cancer and women's health
groups, patients and groups of researchers, pathologists and laboratory
professionals."
The New York Times (12/1, A17, Liptak, Subscription
Publication, 1.68M) reported that Myriad argues "that the 'isolated
molecules' at issue 'were created by humans, do not occur in nature and have
new and significant utilities not found in nature.'" Myriad also argues
its work "is worthy of encouragement and that its fruits are worthy of
protection."
The Wall Street Journal (12/1, Kendall,
Subscription Publication) reported that a lower court had ruled that isolating
the gene makes it no longer a product of nature and is therefore subject to
patent. The company urged the court not to take the case.
Bloomberg News (12/1, Stohr, Decker) reported, "Biotechnology companies say they have been getting patents on genes for 30 years -- and can't attract investment dollars unless they can protect their research from competitors." But "the challengers say isolated DNA is identical to the coding that exists naturally in the body."
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