In a far-reaching judgment that could have major implications for the biotech industry, a federal judge in Manhattan has struck down patents related to two human genes linked to hereditary breast and ovarian cancers, BRCA1 and BRCA2. Myriad Genetics held the patents, and women who want to find out if they have a high genetic risk for these cancers have to get a test sold by Myriad, which costs more than $3,000.
Plaintiffs in the case had said Myriad’s monopoly on the test, conferred by the gene patents, kept prices high and prevented women from getting a confirmatory test from another laboratory [The New York Times]
. In his decision, United States District Court Judge Robert W. Sweet found that the company's patents were invalid because the genes are "found in nature," and products of nature can't be patented. In essence, he agreed with the plaintiffs' argument that the genetic ...
