High Court Rejects Patents on Genes, Sending Breast Cancer Gene Case Back to Square One
Breast Cancer Cells Scanning electron micrograph of breast cancer cells shows visual evidence of programmed cell death (apoptosis). Wellcome Images Amid all the hype over the federal health care law before the Supreme Court, you might have missed this even more relevant news: The high court rejected an appeals court ruling allowing genes to be patented. The case involves two genes linked to breast and ovarian cancer, patented by Myriad Genetics Inc. The ruling is not a final decision, but sends the case back down to the district court for further action. We've been following this case since it was filed, because it could have major bearings on personalized medicine, cancer care and the future of genomics. Cancer patients, the American Civil Liberties Union and legions of scientists have argued companies shouldn't be able to patent the secrets of nature; elements of our genome are fundamental to our humanity,...