The US Federal Circuit Court of Appeals in Washington, DC, upheld Myriad Genetics' patents on isolated BRCA1 and BRCA2 genes, Reuters reports. The court, however, did not up hold its patents on methods to analyze the sequences. This is the second time the court has considered The Association for Molecular Pathology v. the US Patent and Trademark Office and Myriad Genetics case; it ruled similarly last August, but was asked by the Supreme Court to reconsider the case in light of its recent ruling on the Mayo Collaborative Services v. Prometheus Laboratories lawsuit, which invalidated Prometheus' patents, saying they described laws of nature.
Jennifer Camacho, an attorney with the law firm Greenberg Traurig, tells the Daily Scan's sister publication GenomeWeb Daily News that the judges did take the Prometheus decision into account, but it did not affect their ruling.
Reuters adds that the ACLU, has 90 days to appeal the decision to the Supreme Court.