YubaNet.com
Thursday, July 31 2014

            We Deliver News to the Sierra
News Fire News spacer Latest News spacer Regional News spacer California News spacer USA News spacer World News spacer Op-Ed spacer Enviro News spacer Sci Tech News spacer Life spacer Odd News spacer Cartoons spacer
Features The Calendar features features Weather features Sierra NightSky features features features Road Conditions features Home spacer
US
 

Supreme Court Remands ACLU Gene Patenting Case to Appeals Court

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

    Google+    

By: ACLU

NEW YORK, March 26, 2012 - 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 American Civil Liberties Union 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.

"In 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," said Chris Hansen, staff attorney with the ACLU Speech, Privacy and Technology Project. "It's inconceivable that a company can own a patent on something as naturally occurring as DNA."

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.

"Nobody ‘invents' genes, so no one should be able to claim ownership of them," said Daniel B. Ravicher, executive director of PUBPAT and co-counsel in the lawsuit. "We 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."

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

"Preventing the free flow of ideas regarding genetic testing is not only unlawful, it is dangerous to patients," said Sandra Park, staff attorney with the ACLU Women's Rights Project. "Women 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's decision requires further review."

 

Help us bring you more news. Be a real reader: Support YubaNet

By submitting a comment you consent to our rules. You must use your real first and last name, not a nickname or alias. A comment here is just like a letter to the editor or a post on Facebook. Thank you.

 

Latest Headlines

US

153 Groups: Executive Action on Immigration Should Protect Workers and Uphold Labor Standards

Over Two Dozen Civil Rights and Legal Groups Demand Florida Counties Halt Enforcement of Unconstitutional Immigration Detainers

Strengthening Community Forest Rights is Critical Tool to Fight Climate Change, Says Major New Report

National Latino, Asian Pacific Islander, Labor and Faith Leaders Release 2014 National Immigration Score Card

Penn Scholars: Hobby Lobby Decision a "Setback for Women's Health Care"

Fourth Circuit Court of Appeals Strikes Down Virginia's Ban on Marriage for Same-Sex Couples

US: Surveillance Harming Journalism, Law, Democracy


More

 

 

 

 

NEWS . Fire News . Latest . Regional . California . USA . World . Op-Ed . Enviro . Sci/Tech . Life . Odd News . Cartoons
FEATURES . The Calendar .Weather . Sierra NightSky . Horoscope . Road Conditions
YubaNet.com . Advertising. About Us . Support YubaNet . Contact Us . Terms of Use . Privacy

YubaNet.com © 1999-2014
Nevada City, California (530) 478-9600