American Civil Liberties Union, Myriad Genetics, Public Patent Foundation, University of Utah Research Foundation diagnostic news
Judge Robert Sweet of the U.S. District Court for the Southern District of New York denied a motion to dismiss a suit alleging that Myriad's U.S. Patents covering the breast cancer 1 early onset (BRCA1) and BRCA2 genes are invalid and unconstitutional. The motion was filed by the U.S. Patent and Trademark Office (USPTO), also a defendant in the suit, on the grounds that the court lacked subject matter jurisdiction over the plaintiffs' claims. In his decision, Sweet said "the novel circumstances presented by this action against the USPTO, the absence of any remedy provided in the Patent Act, and the important constitutional rights the plaintiffs seek to vindicate establish subject matter jurisdiction over the plaintiffs' claim against the USPTO." The suit, which also names the university as a defendant, was filed in May by the American Civil Liberties Union and the Public Patent Foundation (PUBPAT). The argument for the plaintiffs' motion for summary judgment is scheduled for Dec. 11 (see BioCentury, May 18). ...