[sudo-discuss] Myriad Genetics -- No Patent For You

[GtwoG PublicOhOne]

Hot damn!, that's excellent.   Eddan, thanks for posing the news.

For those who don't have time to read the court opinion right now:

The Supreme Court just ruled 9-0 that companies can't patent things they
find in nature, such as human genes.  They can patent artificial gene
sequences they produce in the lab, that don't already exist in nature,
which is fine.

And due to this specific natural-gene patent being invalidated, the cost
of breast cancer screening is about to go down.

I'm thinking that this ruling is going to unleash a bunch of other
actions to invalidate "found in nature" patents. 

But I wonder about this: will the debate and the legal frontier move
forward to the issue of whether mathematical algorithms are facts of
nature or human creations?

-G.


On 13-06-13-Thu 8:03 AM, Eddan Katz wrote:
> The Supreme Court opinion on the Myriad Genetics case about the BRCA1
> & BRCA2 patents is out. Great news for science and medicine. Opinion
> was 9-0, invalidating the patent Myriad used to exercise a monopoly
> over breast cancer diagnostic tests.
>  
>> http://www.supremecourt.gov/opinions/12pdf/12-398_8njq.pdf
>>
>> Held:  "A naturally occurring DNA segment is a product of nature
>> andnot patent eligible merely because it has been isolated, but cDNA
>> ispatent eligible because it is not naturally occurring."
>
> From the introductory summary --
>>
>> Each human gene is encoded as deoxyribonucleic acid (DNA), which
>> takes the shape of a "double helix." Each "cross-bar" in that helix
>> consists of two chemically joined nucleotides. Sequences of DNA nu-
>> cleotides contain the information necessary to create strings of
>> amino acids used to build proteins in the body. The nucleotides that
>> code for amino acids are "exons," and those that do not are
>> "introns." Sci- entists can extract DNA from cells to isolate
>> specific segments for study. They can also synthetically create
>> exons-only strands of nu- cleotides known as composite DNA (cDNA).
>> cDNA contains only the exons that occur in DNA, omitting the
>> intervening introns.
>>
>> Respondent Myriad Genetics, Inc. (Myriad), obtained several patents
>> after discovering the precise location and sequence of the BRCA1 and
>> BRCA2 genes, mutations of which can dramatically in- crease the risk
>> of breast and ovarian cancer. This knowledge allowed Myriad to
>> determine the genes' typical nucleotide sequence, which, in turn,
>> enabled it to develop medical tests useful for detecting muta- tions
>> in these genes in a particular patient to assess the patient's cancer
>> risk. If valid, Myriad's patents would give it the exclusive right to
>> isolate an individual's BRCA1 and BRCA2 genes, and would give Myriad
>> the exclusive right to synthetically create BRCA cDNA. Petitioners
>> filed suit, seeking a declaration that Myriad's patents are invalid
>> under 35 U. S. C. §101. As relevant here, the District Court granted
>> summary judgment to petitioners, concluding that Myriad's claims were
>> invalid because they covered products of nature. The Federal Circuit
>> initially reversed, but on remand in light of Mayo Collaborative
>> Services v. Prometheus Laboratories, Inc., 566 U. S. ___, the Circuit
>> found both isolated DNA and cDNA patent eligible. 
>>
>
>
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