Molecular Biology and the Court

While the US Supreme Court ruling last week in the Association for Molecular Pathology v. Myriad Genetics gene patenting case was a unanimous decision, Justice Antonin Scalia wrote a short concurring opinion. In it, Scalia notes while he joins in the judgment of the court, there were aspects of the opinion, particularly surrounding its description molecular biology, that he did not join with the other justices on. "I am unable to affirm those details on my own knowledge or even my own belief," he says.

At Science 2.0, Robert Cooper writes that he finds Scalia's lack of understanding of, or belief in, molecular biology to be worrisome. "Justice Scalia's rejection of basic science did not affect the outcome of this case, but in a world where science and technology are playing an ever-increasing role in society … this dissent with the past half-century of universally accepted (in the scientific community, anyway) biology by one of the most powerful men in America is profoundly disturbing," Cooper adds.

However, Steven Salzberg in his column at Forbes notes that the Court's description of molecular biology contains a number of errors. For example, Salzberg points out that while the Court said that "the nucleotides that code for amino acids are 'exons,' and those that do not are 'introns'" that is not quite the case.

"[W]hen making DNA into a protein, the cell copies DNA into RNA. Big chunks of the RNA are spliced out and discarded. Those are 'introns.' What remains [are] 'exons,'" he writes, adding that "nucleotides that code for amino acids are contained within the exons, but they are not the same thing. It's not unusual for 25 [percent] or even 50 [percent] of the nucleotides in the exons to be ignored when making amino acids."

And these errors, Salzberg says, are disconcerting as the decision may affect genetic testing, the biotech industry, and healthcare.

Jerome Karle Dies

Jerome Karle, who shared the 1985 Nobel Prize in Chemistry, has died, the New York Times reports. He was 94.

At the Naval Research Laboratory in the 1950s, Karle and his college classmate, Herbert Hauptman, developed X-ray crystallography, which allows researchers to study crystal structure directly. The Times notes that the method now is used to examine complex molecules, especially in drug development research.

"These structures are solved all over the world on a daily basis," Louis Massa, a professor at Hunter College in Manhattan and a recent collaborator of Karle's, tells the Times. "It's one of those things that's taken for granted now."

NIH of its Own

The Japanese government is considering developing an agency based on the US National Institutes of Health, ScienceInsider reports.

The idea is included within a draft Growth Strategy proposal from Prime Minister Shinzo Abe that was approved last week by the Competitiveness Council. According to the plan, such an institute would bring together academic, government, and private research efforts "to strongly support the commercialization of innovative medical technologies" by putting together "a comprehensive strategy and [prioritizing] goals and research targets for medical R&D."

The proposal also says the US Defense Advanced Research Projects Agency may also serve as a template for a program to support strategic innovation.

This Week in PLOS

An international team led by investigators at the Broad Institute, the University of Aberdeen, the Virginia Bioinformatics Institute, and elsewhere sequenced the genome of a fungal fish pathogen called Saprolegnia parasitica — work that they describe in a PLOS Genetics study. Using genome and RNA sequence data, the researchers identified genome features that appear to distinguish S. parasitica and other animal pathogens from plant-infecting fungi from the same lineage. For instance, they uncovered a large set of genes coding for protease and kinase enzymes and gene expansions involving potential virulence factors, including some acquired from other animal pathogens by lateral gene transfer. But they also saw a dip in representation by numerous effector genes in the pathogen compared to its plant-infecting counterparts, along with gene expression shifts.

A study in PLOS Neglected Tropical Diseases looks at the genetic patterns in Leishmania parasites from Africa and Eurasia. Through a multilocus sequence analysis of 222 African and Eurasian Leishmania isolates, French researchers identified seven genetic clusters of Leishmania in the regions tested. For the most part, those clusters corresponded to existing Leishmania classification schemes, the study authors note, though their analysis suggests genetic distinctions are somewhat hazier for three Leishmania species implicated in visceral forms of leishmaniasis. "Although these taxa cause specific clinical forms of the disease and are maintained through different parasitic cycles," they say, "they are not clearly distinct and form a continuum, in line with the concept of species complex already suggested for this group thirty years ago."

A team from Canada and the UK presents evidence for Native American admixture in the Quebec founder population. As they report in PLOS One, the researchers used autosomal SNP data on 205 individuals from 10 sub-populations in the Canadian province to look at the possibility of admixture in relatively isolated sub-populations that were long considered to be genetically homogenous. The analysis revealed low levels of overall admixture with Native American populations, though some of Quebec's sub-populations had more pronounced Native American ancestry, including Gaspesian populations and groups from the Quebec's North Shore and Saguenay regions.

Decisions, Decisions

In a unanimous decision yesterday, the US Supreme Court ruled in the Association for Molecular Pathology et al. v. Myriad Genetics case that human genes are not patent-eligible, though it also said that cDNA is eligible to be patented as it is not naturally occurring. The case centered on the BRCA1 and BRCA2 breast cancer genes.

"Myriad did not create anything," writes Justice Clarence Thomas in the opinion for the court. "To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention."

This ruling, the New Scientist says, is a "mixed blessing" though its effect on medicine may be limited. John Conley, a law professor at the University of North Carolina at Chapel Hill, tells the New Scientist that the ruling is "a referendum on yesterday's problem" as the BRCA and similar patents were to expire soon.

Still, Myriad's cDNA patent claims remain intact. "We believe the Court appropriately upheld our claims on cDNA, and underscored the patent eligibility of our method claims, ensuring strong intellectual property protection for our BRACAnalysis test moving forward," Myriad President and CEO Peter Meldrum says in a statement, according to GenomeWeb Daily News.

However, Stanford University law professor Mark Lemley tells the Nature News Blog that such patents could now be avoided by basing tests on genomic rather than cDNA.

While the court said that cDNA is patent eligible, it noted in a footnote in the ruling that it is not expressing an opinion on "whether cDNA satisfies the other statutory requirements of patentability."

Lemley further says it likely does not because how it is made is commonly known. "Even though cDNA is a new chemical that is patent-eligible, the act of creating it will likely be obvious," he says. "So cDNA may not end up being the subject of valid patents after all."

A Cautious Yes

A new survey suggests that many Americans would consider taking part in a clinical trial, but that most of their doctors do not discuss medical research with them, writes Ed Silverman at Pharmalot.

Silverman notes that previously cited reasons for low participation rates in trials include wide access to medication and difficulties in finding participants who are not taking other medications that could influence the trial.

The survey, conducted on behalf of Research!America by Zogby Analytics, asked 1,000 adults in the US about participation in medical research.

Of those surveyed, 72 percent said that they would be somewhat or very likely to participate in a clinical trial if their physician recommended it. However, 70 percent also said that their doctor has never discussed such research with them. Doctors, the survey further finds, are the preferred source of information about clinical trials — followed closely by the Internet — and physicians, according to the respondents, have the greatest responsibility to educate people about such trials.

"Blaming doctors, however, will not solve the problem," Silverman adds. "How so? A slight majority — 53 percent — say the lack of participation reflects a lack of awareness and information. But the same proportion [cites] a lack of trust.

Sequester Aware

Former Secretary of State Hillary Clinton warns that research funding cuts due to the sequester will harm scientific inquiry, the Washington Post reports.

Clinton, who was speaking at a benefit for an epilepsy charity, said that the cuts to the National Institutes of Health budget will lead to researchers and their staff losing their jobs. "In the days and months ahead, all of us who care deeply about finding a cure for [epilepsy] and other diseases need to be very loud and passionate about the continued research funding that is necessary," Clinton said. "I do think there has to be a greater awareness on the part of the American people about what this will mean — not just today or next week, but in years to come."

This Week in Science

In Science this week, a team led by University of Tubingen researchers report the sequencing and analysis of the genomes of medieval and modern Mycobacterium leprae, the pathogen responsible for leprosy, using ancient skeletons and existing patients. They found that the bacterium has not changed much genetically over the past millennium, with only about 800 mutations occurring among the 16 genomes examined, and that strains from the Americas most likely originated in Europe.

Also in Science, Japanese investigators describe the discovery of two microRNAs that may play a key role in human reproduction. Ovulation in mammals is controlled by hormones secreted by the hypothalamopituitary-ovarian axis — the hypothalamus, pituitary gland, and gonads — which also expresses miRNAs. The scientists created knockout mice lacking miR-200b, which is detected in male reproductive organs, and ones lacking miR-429, which sits near the other miRNA in the mouse genome. While males were unaffected by the missing miRNAs, female mice experienced a sharp decrease in fertility. Because the miR-200b cluster is also present in people, the findings suggest that the miRNAs also be involved in human reproduction.

The Genomics Leak

There's been a number of stories in the news about leaks of classified data, and Steven Brenner from the University of California, Berkeley, writes in a Nature column that release of genomic data could be coming and that researchers and their institutions should be prepared for such an event.

"How long will it be until an idealistic and technically literate researcher deliberately releases genome and trait information publicly in the name of open science?" he asks.

Brenner writes that such a leak — even if it is of information that could be garnered from a web search — could lead to fewer people taking part in genomic research. "Research might even be subject to moratoriums and prohibitive restrictions," he adds.

Before it gets to that point, he says that steps should be put in place to ease the effects of any fallout due to a leak of data. For example, Brenner suggests that funders develop and implement mechanisms to quickly inform participants of any such data leaks. In addition, he says, to prevent data release, uniform standards and training should be put in place to keep data as secure as possible.

"Most importantly, we must ensure that the necessary discussion about the risks of a genome leak is balanced with information about the tremendous benefits that collected genetic information has for all of us," Brenner adds. "Although the acceleration and promise of genomics makes a leak inevitable, it also guarantees medical progress."

Police DNA Databases Spreading, Unregulated

More and more local police forces around the country are creating their own databases of DNA from possible suspects – some of which is being collected without the donor's knowledge – and these banks are unregulated and write their own rules, the New York Times reports.

This "trend is trends is only expected to accelerate" now that the US Supreme Court has affirmed the right of law enforcers to swab and store DNA samples from anyone who is arrested, the Times' Joseph Goldstein speculates.

Local databases have more "leeway" from state and federal regulations, and police sometimes have been collecting samples from people who were not convicted or arrested for serious offenses, including from victims of crimes who may not know that their DNA is being stored for future searches, Goldstein notes.

New York City has a database of 11,000 crime suspects, the Orange County, Calif. district attorney's office has 90,000 such entries, for example, which shows that local departments are not content to rely on the "highly regulated" federal state and federal-level DNA databases, the Times reports.

“Unfortunately, what goes into the national database are mostly reference swabs of people who are going to prison,”

The national database mostly is full of reference swabs from people who go to prison, Jay Whitt, of the company DNA:SI Labs, told the Times.

They’re not the ones we’re dealing with day in day out, the ones still on the street just slipping under the radar," Whitt said.

This arrival of these regional databases could stir up concerns about privacy practices and how this information may be used.

“We have been warning law enforcement that when public attention began to focus on these rogue, unregulated databases, people would be disturbed,” said Innocence Project co-founder Barry Scheck.

Coming to a Standard for Fecal Transplants

Fecal transplants can be a successful way to change up a patient's gut microbiome and to treat resilient Clostridium difficile infections, but there isn't a standard way to perform one, Nature reports.

The US Food and Drug Administration has said that it oversees such procedures, and doctors wishing to perform one must file a Investigative New Drug application with the agency that contains details of their procedure. But, it may be years, Nature says, until FDA comes down on which way is the safest and best.

Until then, it adds, there are a number of unresolved questions to address, a major one being: What conditions can this treat? Other items to consider are the source and preparation of the "drug."

Still, regulation could be difficult given the nature of such a transplant. "How the FDA plans to regulate human feces is a mystery to me," Trevor Van Schooneveld from the University of Nebraska Medical Center tells Nature.

Eyebrows Cocked at Genomics Impact Numbers

The report released yesterday that found the US investment in the Human Genome Project and later genomics funding has generated $965 billion in economic impact stirred up some skeptical pushback from critics, according to Nature's Meredith Wadman.

A former NSF science and innovation policy director, Julia Lane, called the numbers in the report from Battelle "ridiculous." Lane says that the report, which was released by United for Medical Research, an advocate for science funding, "reinforces this notion that science is a slot machine that you put money in, and magic happens and money pops out at the end."

Lane points out that Battelle used data from Dun and Bradstreet, an industry analysis company, to define which activities may be classified as within the genomics sector, when it should have turned to codes from the US Census Bureau.

Likewise, the employment data in the report would have been better if the authors had used numbers from the US Bureau of Labor Statistics, Lane suggests.

Another criticism has been that this report ties the genomics sector as a whole too closely to the federal investment.

"Many other factors, including private investment and innovation, have also contributed to the subsequent growth in clinical and practical applications of genomics," notes Mark McClellan, director of the Engelberg Center for Health Care Reform at the Brookings Institution.

This Week in Nature

In this week’s Nature, researchers from California State University reported the reference genome of the marine phytoplankton Emiliania huxleyi — an ecologically important species given its impact on the global carbon cycle, driving either CO2 production or uptake, sequestration, and export to the deep ocean. The investigators’ analysis of different E. huxleyi strains revealed a pan genome composed of a set of core genes, along with genes that were unequally distributed between different strains. The findings indicate “extensive genome variability reflected in different metabolic repertoires,” which contributes to the species ability to thrive in very different habitats and environmental conditions.

Also in Nature, a multi-institute team led by Yale investigators published data implicating de novo point mutations in congenital heart disease, or CHD. They compared the incidence of such mutations in 362 several CHD cases and 264 controls by analyzing exome sequencing of parent-offspring trios. The CHD patients showed a “significant excess of protein-altering de novo mutations in genes expressed in the developing heart,” particularly genes involved in the production, removal, or reading of histone 3 lysine 4 methylation, or ubiquitination of H2BK120, which is required for H3K4 methylation. Collectively, they found that de novo point mutations contribute to about 10 percent of severe CHD cases.