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Supreme Court Decides Human Genes Cannot Be Patented; Kingston, New York Medical Malpractice Attorney Reviews

Laws

I know the past few days my blog—as many others—has been completely monopolized by the Supreme Court and the Affordable Care Act. I certainly think it is important and I hope everyone has followed up on the oral arguments and learned a lot about it. But another decision was handed down on Monday which was certainly overshadowed by the Affordable Care Act litigation. Initially, I wanted to share it on Monday but my posts got so long I decided to save it. Again, Tuesday and then Wednesday also got long too so I decided to save it.

So today is a good day to share it. On Monday, the Supreme Court reversed and remanded a lower court ruling which allowed for patents of human genes. This means the case goes back to the lower court for arguments that are not inconsistent with the Supreme Court’s opinion. This case is also GROUNDBREAKING. This particularly affects researchers searching for cures of various diseases or conditions. Particularly, this affects cancer researchers the most but also pharmaceutical companies.

The Court tossed the patents of Myriad Genetics Inc. located in Utah for two genes they allege are linked to an increased risk of certain types of cancers. The lab found that certain mutations in genes would elevate the risk of breast and ovarian cancer and patented these mutations. The Lab is the only one to sell a certain test that can determine whether or not a person has the genetic mutations and is subject to the higher risk.

The American Civil Liberates Union has been arguing that human genes should not be able to be patented. Essentially, they argued that the secrets of life should not be exploited for commercial gain. And the Supreme Court agreed. What is somewhat odd is that the U.S. Patient and Trademark Office has actually been awarding patents for human genes for nearly thirty years! It has just taken this long for a case to reach the Supreme Court and be litigated.

But what do you think? I would love to hear from you! I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.