The case was originally filed on May 12, 2009 in U.S. District Court for the Southern District of New York against the U.S. Patent and Trademark Office (PTO) and Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the BRCA genes. The plaintiffs include organizations representing over 150,000 researchers and pathologists, breast cancer and women's health groups, and individual women.

"DNA patents have delayed, limited, or even shut down clinical testing and scientific research," added Dr. Mann, "and in the case of the BRCA genes, Myriad's lab is the only place in the country that performs full sequencing of the genes for diagnostic purposes. Patients can't get a second opinion before they make major, irreversible health decisions."

The summary judgment released yesterday is a significant step forward to eliminating future DNA patents and calls into question the appropriateness of those already in existence. This ruling will most definitely advance the development of personalized, molecular medicine and the practice of molecular pathology.

Source: Association for Molecular Pathology