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SCOTUS Blog: We won’t know more than that until the Court issues its decision, probably in late June, but it seems likely that at least five Justices are poised to agree with the challengers that at least some of the human genes at issue in the case cannot be patented.
SCOTUS Blog: At 10 a.m. next Monday, the Supreme Court will hold a sixty-five-minute oral argument on the control, through patent ownership, of research studies on human genes taken out of the body.
Boston Globe: Late last year, the nation’s highest court said it would consider a legal challenge to patents that biotechnology company Myriad Genetics holds on genes linked to risk of breast cancer. Now, Eric Lander—a leader in the human genome project, a scientific adviser to President Obama, and the head of the Broad Institute in Cambridge—has weighed in, filing an amicus brief.
SCOTUS Blog: In April the Court will hear oral argument in Association for Molecular Pathology v. Myriad Genetics on the single question, “Are human genes patentable?” At issue in the case are nucleotide sequences that, in their native state, predispose the individuals carrying them to breast cancer. Myriad has isolated and patented the sequences for use in diagnostic testing.
Lyle Denniston at SCOTUS Blog: Later today the blog will begin publishing an online symposium on the Supreme Court case testing whether human genes, taken out of the body and isolated in a laboratory, without change, can be given a patent. A roster of the contributors to the symposium is available here. The following post explains, in non-legal language, what is involved in that case (Association for Molecular Pathology v. Myriad Genetics, Inc., on the Court’s docket as 12-398). The Court is expected to hold a hearing on it in April, and decide the case before the end of this Term in late June.
Bloomberg: The U.S. Supreme Court agreed to consider whether human genes can be patented, taking up an issue that has split the medical community and will shape the future of personalized health care and the biotechnology industry.
Myriad Genetics calls on Scotus to reject petition from ruling finding DNA molecules patent-eligible
Lexology.com: According to Myriad Genetics, Inc., the U.S. Supreme Court should not grant review in Association for Molecular Pathology v. Myriad Genetics, Inc. Details about the Federal Circuit Court of Appeals decision on remand from the lawsuit’s previous sojourn before the U.S. Supreme Court appear in Issue 41 of this Bulletin. The American Civil Liberties Union (ACLU) has requested that the Court review the Federal Circuit’s decision.
WSJ: The American Civil Liberties Union, along with the Public Patent Foundation, again asked the Supreme Court to invalidate patents for two genes that are associated with hereditary breast and ovarian cancer, saying the patents restrict scientific research and access to medical care.
BNA.com: As expected, the American Civil Liberties Union filed a petition for writ of certiorari in the case challenging the patent eligibility of claims on isolated DNA (Association for Molecular Pathology v. Myriad Genetics Inc., U.S., docket number not available, review sought 9/25/12). The petition asks three questions . . .
Official Blog of the American Civil Liberties Union: Today, the ACLU petitioned the Supreme Court to hear our case challenging patents on two human genes related to breast and ovarian cancer. The case, Association for Molecular Pathology, et al. vs. Myriad Genetics, et al. . . .