Neither side in a lawsuit challenging gene patents is satisfied with a federal appeals court ruling that upholds Myriad Genetics' patents on the BRCA1 and BRCA2 genes.Following the July 29 decision from the U.S. Court of Appeals for the Federal Circuit, both plaintiffs and defendants have petitioned the 3-judge panel to rehear the case, which many expect to go to the U.S. Supreme Court. That decision reversed a district ruling that invalidated gene patents, maintaining genes aren't patentable because they are products of nature. Plaintiffs include the American Civil Liberties Union, numerous medical associations including the American College of Medical Genetics, breast cancer patients, geneticists, and genetic counselors. They contend that exclusive patents on the BRCAl and BRCA2 genes interfere with diagnostic testing, stifle research, and limit women's healthcare options because they can't get second opinions and must pay more than Dollars 3,000 for a test offered solely by Myriad Genetics.
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