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Court case will directly affect future development of new pathology and molecular tests
Court case will directly affect future development of new pathology and molecular tests
In New York’s Southern District Court, a trial is underway that tests the legality of patenting genes. In Association for Molecular Pathology, et al v. U.S. Patent and Trademark Office 09-civ-4515, pathologist groups, patient advocacy groups, and the American Civil Liberties Union (ACLU) are challenging patents for the BRCA I and BRCA II genes which are held by the University of Utah and licensed exclusively to Myriad Genetics, Inc., of Salt Lake City, Utah.
Many experts believe this lawsuit has the potential to produce new case law that addresses the ability of individuals and companies to hold patents on human genes. A ruling in favor of either party in the lawsuit will directly affect the clinical laboratory testing industry and diagnostic tests that utilize gene-based technologies.
The lawsuit was filed in May 2009 by the American Civil Liberties Union and the Public Patent Foundation at Benjamin N. Cardozo School of Law. It named as defendants the U.S. Patent and Trademark Office, Myriad Genetics, and the University of Utah Research Foundation.
In recent weeks, on February 3, Judge Robert W. Sweet heard testimony regarding the two sides’ motions for summary judgment. This testimony revealed the basis for each side’s position in the suit. Christopher Hansen of the American Civil Liberties Union, lead attorney for the plaintiffs, argued that the University of Utah had patented a part of the human body and a law of nature, both of which have previously been ruled as not patentable.
Category: Gene Patent, Patent News
Source: www.darkdaily.com
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