Myriad Genetics Case Study

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During the class, me and my group chose to research information about the case Molecular Pathology V. Myriad Genetics. The case was led by the Association of Molecular Pathology as the plaintiff, who was suing the defendants, the United States Patent and Trademark Office (USPTO) and the Myriad Genetics regarding issues revolving around patenting several human genes.
This argument has been brought forward to multiple courts. First this case was brought up in the United States District Court for the Southern District of New York, which decided it was not okay for the human genes to be able to be patented. The case was appealed and presented in the Federal Circuit Court of Appeals, which went against the decisions of the District Courts and said it was in fact okay to be able to patent the human genes sequence. Finally, the case was appealed again and presented in the Supreme Court.
The case entailed the Association of Molecular Pathology suing the Myriad Genetics for trying to patent specific human genes. These genes included the BRCA1 and BRCA2 and certain mutations that were perceived to be linked to breast cancer. Myriad Genetics was the first company to be able to successfully isolate the BRCA1 and BRCA2 genes that were linked to certain types of breast and ovarian cancers. Because of this success, multiple …show more content…

The argument stated that if the patents were given to myriad Genetics, they would have exclusive rights to the isolated genes, and although they have found a use for their research regarding the BRCA1 and BRCA2, there can be multiple other uses for the same DNA sequence which will not be achieved because of the exclusivity of the genes. They elaborate as to explain that patents on human genes would prevent other scientists from working on the same material (BRCA1 and BRCA2), and be able to do more research on similar

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