Supreme Court strikes isolated DNA patents
The U.S. Supreme Court unanimously ruled on Thursday that isolated DNA cannot be patented but cDNA can be patented. The decision is consistent with recommendations submitted by the Department of Justice in the case, Association for Molecular Pathology, et al. v. U.S. PTO, et al. (see BioCentury, April 22).
Both sides declared victory in the case, in which the American Civil Liberties Union litigated against claims in U.S. patents from Myriad Genetics Inc. (NASDAQ:MYGN) covering breast cancer 1 early onset (BRCA1) and BRCA2 tests. The ACLU said that as a result of the ruling, "patients will have greater access to genetic testing and scientists can engage in research on these genes without fear of being sued." At least two companies -- Ambry Genetics Corp. (Aliso Viejo, Calif.) and Gene By Gene Ltd. (Houston, Texas) -- announced on Thursday that they are offering BRCA1 and BRCA2 tests based on gene sequencing technology. Prior to Thursday's ruling, Gene By Gene had offered its test only to patients outside the U.S. ...