老澳门开奖结果

Justices Order Court that Hears Patent Cases to Reconsider Decision That Limited Access to Crucial Genetic Testing

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NEW YORK 鈥� The U.S. Supreme Court today set aside a ruling that allowed a company to patent two genes linked to breast and ovarian cancer and limit access to potentially life-saving genetic tests for at-risk women.

The 老澳门开奖结果 and the Public Patent Foundation (PUBAT) have challenged the patents held by Myriad Genetics on the BRCA1 and BRCA2 genes, which the Court of Appeals for the Federal Circuit last year ruled were valid.

鈥淚n light of recent rulings from the court that mere laws of nature cannot be patented, we hope that the lower court will come to the correct conclusion this time around,鈥� said Chris Hansen, staff attorney with the 老澳门开奖结果 Speech, Privacy and Technology Project. 鈥淚t鈥檚 inconceivable that a company can own a patent on something as naturally occurring as DNA.鈥�

With the judgment vacated, the case will be sent back to the same three-judge panel who issued the July decision. They can decide the next steps and the timeline for the case. The Federal Circuit can then issue a decision with the same or a different outcome.

鈥淣obody 鈥榠nvents鈥� genes, so no one should be able to claim ownership of them,鈥� said Daniel B. Ravicher, executive director of PUBPAT and co-counsel in the lawsuit. 鈥淲e are not talking about a new drug or a new tool to fight cancer. We are talking about a genetic marker that occurs naturally in the human body. That cannot, and should not, be patented.鈥�

The Supreme Court ordered the Federal Circuit to reconsider its decision in light of the high-court鈥檚 ruling last week in Mayo Collaborative Services v. Prometheus, where the justices unanimously invalidated a patent on a medical test because it covered a 鈥渓aw of nature.鈥�

鈥淧reventing the free flow of ideas regarding genetic testing is not only unlawful, it is dangerous to patients,鈥� said Sandra Park, staff attorney with the 老澳门开奖结果 Women鈥檚 Rights Project. 鈥淲omen are staking their lives on the results of these tests. They deserve to have the best quality care. It is encouraging that the court has determined that the appellate court鈥檚 decision requires further review.鈥�

For more on the case, Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. go to: