Judge OKs Challenge to Human-Gene Patents
Monday, November 2nd, 2009
You would think this is common sense: “According to the plaintiffs — dozens of patients and researchers — the genes cannot be patented because they exist as naturally occurring products of nature.” Best of luck to the ACLU, we should all be pulling for them. 1/5 of the human genome is patented? That’s completely abhorrent.
Related: Sick babies denied treatment in DNA row
David Kravets, Wired.com
November 2, 2009
A federal judge ruled Monday that a lawsuit can move forward against the Patent and Trademark Office and the research company that was awarded exclusive rights to human genes known to detect early signs of breast and ovarian cancer.
The first-of-its-kind lawsuit by the American Civil Liberties Union and the Public Patent Foundation at the Benjamin Cardozo School of Law claims that the patents violate free speech by restricting research.
U.S. District Judge Robert W. Sweet of New York, in ruling that the case may proceed to trial, noted that the litigation might open the door to challenges of a host of other patented genes. About one-fifth of the human genome is covered under patent applications and claims.
Sweet wrote: (.pdf)
The challenges to the patents-in-suit raise questions of difficult legal dimensions concerning constitutional protections over the information that serves as our genetic identities and the need to adopt policies that promote scientific innovation and biomedical research. The widespread use of gene sequence information as the foundation for biomedical research means that resolution of these issues will have far-reaching implications, not only for gene-based health care and the health of millions of women facing the spectre of breast cancer, but also for the future course of biomedical research.
The case against the patent office and patent-holder Myriad Genetics of Salt Lake City is the first to challenge a patented gene under a civil rights allegation — in this case the First Amendment.
Al’s Gore’s much-anticipated sequel to
OTTAWA–Gun-control advocates say they are horrified and fearful that Canada’s long-gun firearms registry is on the verge this week of being scrapped because the Conservatives may have enough support from the opposition to kill it.
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Syrian-born Canadian Maher Arar has again been denied the right to sue the United States over his deportation to Syria, where he was tortured.
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