Opponents of patenting human gene sequences were handed a rare court victory on Monday, when a federal judge refused to dismiss a suit challenging patents for two genes tied to cancers in women. The patents are owned by the University of Utah and licensed to Myriad Genetics. The plaintiffs claimed that the patents are invalid because they cover "products of nature," and they alleged that Myriad's attempts to enforce the patents by limiting genetic research violated First Amendment protections.
Judge Allows Constitutional Challenge to Human Gene Patents
The American Lawyer
November 4, 2009