High Court Takes Up Myriad Gene Patent Case

By Ryan Davis (November 30, 2012, 7:34 PM EST) -- The U.S. Supreme Court said Friday that it will take up the question of whether human genes can be patented, agreeing to hear a challenge to the patentability of breast cancer genes isolated by Myriad Genetics Inc.

The American Civil Liberties Union is appealing the Federal Circuit's August ruling that isolated DNA can be patented because it is a man-made composition different from naturally occurring DNA. The group represents doctors who claim that human genes are products of nature that are not eligible for patents.

In its certiorari petition, filed in September, the ACLU said that the Federal Circuit's decision improperly...

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