In a first of its kind ruling on human genes, a unanimous U.S. Supreme Court on Thursday decided that synthetically produced genetic material can be patented but naturally occurring DNA extracted from the human body cannot.
The nine justices handed a partial victory to Salt Lake City, Utah-based biotechnology company Myriad Genetics Inc, which holds the patents in question. But the rights group that challenged the patents also found reason to be pleased.
The biotechnology industry had warned that an expansive ruling against Myriad could threaten billions of dollars of investment.
The contentious, uniquely 21st century question before the court was whether any human genes can ever be patented - meaning the holders have exclusive rights to their intellectual property for a defined period.
The court, in an opinion written by Justice Clarence Thomas, ruled that a synthetically produced genetic material made by scientists, known as cDNA, can be patented but that genes extracted from the human body, known as isolated DNA, do not merit the same legal protections.
The compromise outcome, which was urged by the Obama administration, will have less impact on Myriad. The Myriad patents in dispute will all expire by 2015.
Myriad’s shares jumped 10 percent to $37.47 after the ruling was issued.
The ruling means some of Myriad’s patents involving cDNA will likely survive, but the parties disagreed on that point.
The case arose when a group of medical researchers, associations and patients - represented by the American Civil Liberties Union - filed suit in 2009, saying human genes, including synthetically produced material, should not be patented.
They challenged seven patents owned by or licensed to Myriad on two genes - called BRCA1 and BRCA2 - linked to breast and ovarian cancer. A federal judge said the patents were invalid. An appeals court overruled that decision, and the case landed at the Supreme Court.
"Today, the court struck down a major barrier to patient care and medical innovation," said Sandra Park of the ACLU Women’s Rights Project. "Myriad did not invent the BRCA genes and should not control them. Because of this ruling, patients will have greater access to genetic testing and scientists can engage in research on these genes without fear of being sued."
The U.S. Patent and Trademark Office has granted patents on at least 4,000 human genes to companies, universities and others that have discovered and decoded them. Patents now cover some 40 percent of the human genome, according to one study.
World War III for Dummies 2014 09 16 A Step-by-Step Guide to Understanding the Present World Situation.
1998 - 2000
Powerful elites and influential think tanks forecast a coming period of American aggression. Zbigniew Brzezinski speaks for the Globalist faction of the western PRC (Predatory Ruling Class) in ’The Grand Chessboard’, a book in which he openly advocates for bolder American action in dominating the Eurasian land mass.
During this ...
Slaves of Charleston - Beyond Wealth of Jewish South Carolina 2014 09 15
Founded in 1749 in downtown Charleston, South Carolina, the Beth Elohim Synagogue is one of the very earliest synagogues in America. While other synagogues and congregations are also now a part of Charleston city life, Beth Elohim Synagogue is the oldest one in the area and serves as the repository for certain historical artifacts of Jewish life in the city. ...
Martian meteorite yields more evidence of the possibility of life on Mars 2014 09 15
A tiny fragment of Martian meteorite 1.3 billion years old is helping to make the case for the possibility of life on Mars, say scientists.
The finding of a ‘cell-like’ structure, which investigators now know once held water, came about as a result of collaboration between scientists in the UK and Greece. Their findings are published in the latest edition ...
Swedish Surprise: Anti-Immigration Party Surges... 2014 09 15
Swedish prime minister Fredrik Reinfeldt
Sunday’s election in Sweden was supposed to be a cakewalk for the Left. The Drudge Report ran a piece yesterday from the Guardian entitled: “Free-market era in Sweden swept away as feminists and greens plot new path.” The paper, a left-wing British outlet, published the piece the day before the election; it proved to be, well, ...