Plaintiffs File Petition for Panel Rehearing in Myriad Gene Patenting Case
On. Aug. 25, counsel for the plaintiffs/appellees in the landmark lawsuit challenging patents on two human genes associated with hereditary breast cancer and ovarian cancer filed a petition for a Panel Rehearing in the Federal Circuit Court of Appeals. In July, a three-judge panel reversed a lower court ruling upholding the right of Myriad Genetics, to patent two “isolated” human genes, BRCA1 and BRCA2, thus granting the company the exclusive right to perform diagnostic tests on the genes and preventing other researchers from even looking at the genes without first getting permission from Myriad. The decision permits the continuation of Myriad's monopoly on the BRCA genes, making it impossible for women to access alternate tests or get a comprehensive second opinion about their results. It also allows Myriad to continue charging a high price for its tests.
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