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Myriad's tests can cost as much as ,100, Nagy said.

On 5 September 2014, the Full Federal Court upheld Justice Nicholas’ ruling. Supreme Court invalidated Myriad Genetics' monopoly on testing for two breast cancer genes, the company's stock went tumbling as competitors announced plans to offer the same services at lower prices.Similar genetic testing for the genes was announced by laboratory giant Quest Diagnostics, while Gene Dx announced it would start including the genes in its broad-spectrum “panel” testing for a variety of cancer-causing genes.“I think the cost will drop,” said Rebecca Nagy, president of the National Society of Genetic Counselors in Chicago.On 16 September 2014 Maurice Blackburn lodged an appeal with the High Court of Australia. The US Supreme Court has also considered the issues raised by the equivalent BRCA1 gene patent in the United States and ruled in June 2013 that the fact of isolation itself is not sufficient to render genes patentable.The arguments mounted in the Australian case were similar to those in the US.From that initial complaint: Ease of access to genomic discoveries is crucial if basic research is to be expeditiously translated into clinical tests that benefit patients in the emerging era of personalized and predictive medicine. Because of the patents, defendant Myriad has the right to prevent clinicians from independently looking at or interpreting a person's BRCA1 and BRCA2 genes to determine if the person is at a higher risk of breast and/or ovarian cancer.Because of the patents and because Myriad chooses not to license the patents broadly, woman who fear they may be at an increased risk of breast and/or ovarian cancer are barred from having anyone look at their BRCA1 and BRCA 2 genes or interpret them except for the patent holder. In November 2009, a federal trial judge in New York refused to dismiss the complaint.Within the next 45 days, before the last Thursday in June, the Supreme Court is expected to issue its ruling in Association for Molecular Pathology v.Myriad Genetics, Inc., a long-fought case about genes, including BRCA1 and BRCA2, which are linked to breast cancer and which Myriad Genetics successfully patented (The company's stock rose sharply Tuesday following the publication of Jolie's piece.) The federal case began four years ago, in May 2009, when the American Civil Liberties Union and others challenged Myriad's patents on the genes.Then, in March 2010, in a 156-page opinion, the judge invalidated two of those patents, concluding that the "DNA's existence in an 'isolated' form alters neither this fundamental quality of DNA as it exists in the body nor the information it encodes." Myriad appealed.In August 2011, a panel of the Federal Circuit, which handles all patent cases, by a vote of 2-1, overturned the lower court ruling. It is more likely than not that the justices will uphold Myriad's patent -- its monopoly -- over research for these genes. But no matter what the justices do in this case Congress has the authority to amend federal patent law to make it harder for companies like Myriad to control for so long the research and development of such genetic testing.To date, individuals and private enterprise hold patents to about 20 percent of the human genome.But the legitimacy of gene patents was challenged in 2010 when New York Southern District Court Judge Robert Sweet ruled that patents on two human genes linked to breast and ovarian cancer, BRCA 1 and BRCA 2, were invalid.“I’m not sure that the plaintiffs at the end of the day are in a better position,” she said, noting that they will probably run into many of the same patent infringement issues that they have in the past. The same day the Supreme Court issued its ruling at least 5 companies announced they would offer BRCA testing at a fraction of Myriad’s BRACAnalysis test.




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