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Federal appeals court partially reverses ruling in BRCA patents case

June 23, 2017

The lawsuit was filed by the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT) on behalf of breast cancer and women's health groups, individual women, geneticists and scientific associations representing approximately 150,000 researchers, pathologists and laboratory professionals. Because the ACLU's lawsuit challenges the whole notion of gene patenting, its outcome is likely to have far-reaching effects beyond the patents on the BRCA genes.

Dr. O'Leary continued, "Gene patents and exclusive licenses that confine molecular testing to a single provider are detrimental to the public interest by limiting patient access to testing. Monopolies on gene testing make it impossible for patients to access alternate tests or get a second opinion about their results. AMP will continue to advocate until a resolution is found either in the courts or in legislation."

Today's decision can be found online at: amp/documents/CAFCRulingBRCA_Jul29_2011.pdf

AMP's Position on Gene Patents and Exclusive Licensing can be found online at: amp/publications_resources/position_statements_letters/Gov/GenePatentPositionStatement_Final_Nov2008.pdf.

Source Association for Molecular Pathology (AMP)