Court of Appeals Upholds Myriad Gene Patents: Dan Vorhaus and Kevin Noonan

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Dan Vorhaus, JD, Editor, GenomicsLawReport.com, Bio and Contact Info

Listen (17:14) Interview with Dan Vorhaus

Listen (5:43) Myriad Update 1: Details of the decision

Listen (2:46) Myriad Update 2: Judges disagree on gene patent issue

Listen (0:51) Myriad Update 3: Justice Lourie: Cleavage fundamentally alters the DNA

Listen (3:17) Myriad Update 4: Justice Moore: It takes congress or the Supreme Court

Listen (1:45 Myriad Update 5: Justice Bryson's dissent

Listen (0;38) Myriad Update 6: Most likely to be repealed

Listen (0:38) Myriad Update 7: Patents to expire soon

Listen (0:58) Myriad Update 8: What about whole genome sequencing

Kevin Noonan, Ph D, Editor, PatentDocs.org, Bio and Contact Info

Listen (11:11) Interview with Kevin Noonan

Listen (6:11) Myriad Update 9: Claims all say 'isolated' DNA

Listen (4:03) Myriad Update 10: Won't be settled until Supreme Court weighs in

Our show today is a follow-up on an earlier show about biotechnology and patent law. Last Friday, July 29th, a the Federal Circuit appeals court reversed a lower court’s ruling and upheld the right of Myriad Genetics to patent the BRCA genes. The BRCA1 and 2 genes account for most inherited forms of breast and ovarian cancers. Women who test positive using Myriad's gene test, have an 82 percent higher risk of breast cancer and a 44 percent higher risk of ovarian cancer. The gene patent issue was decided 2 to 1. The court ruled unanimously that Myriad’s method for screening potential therapies was patentable but that their method for analyzing DNA sequences did not involve sufficient transformation, and thus could not be patented.

It is anticipated that the case will be further appealed, either to the full bench of appeals or to the U.S. Supreme Court.

Read Dan Vorhaus' analysis over at www.genomicslawreport.com.

Read an in-depth analysis of Judge Moore's decision written by Kevin Noonan at www.patentdocs.org.