Thoughts On Oral Arguments In Gene Patent Case

Law360, New York (April 16, 2013, 5:36 PM EDT) -- On April 15, the U.S. Supreme Court heard oral arguments in Association for Molecular Pathology et al. v. Myriad Genetics Inc. et al., a case that addresses the question, "Are human genes patentable?" At stake are a group of patents owned by the biotechnology company Myriad Genetics claiming isolated breast cancer genes. Myriad provides diagnostic tests given primarily to women who seek to know if they harbor certain mutations in the genes, which increase the likelihood of developing breast or ovarian cancer. The patents are challenged by a group of doctors, researchers and patients who argue that Myriad's claims are directed to unpatentable products of nature. The case has produced heated debate in the scientific and patent communities, leading to the filing of numerous amicus briefs on both sides....

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