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NEW YORK (GenomeWeb News) – A federal appeals court today has for a second time reversed a lower district court's decision that isolated genes are not patentable, but it also partly affirmed the District Court's decision that certain methods patents "comparing" or "analyzing" gene sequences may n

NEW YORK (GenomeWeb News) – The American Civil Liberties Union and the Public Patent Foundation said today that they have filed a brief with the US Court of Appeals for the Federal Circuit, or CAFC, in the ongoing case challenging Myri

By Turna Ray
The American Civil Liberties Union and the Public Patent Foundation have decided to ask the Supreme Court to take up their case challenging Myriad Genetics' patents on the BRCA 1 and BRCA 2 genes.

The appeals court decided that isolated gene sequences do not occur naturally and are therefore patentable, but invalidated Myriad's method claims that describe "comparing" or "analyzing" DNA sequences, deeming them abstract, mental steps.

For the first time, before three federal circuit judges, Myriad stated its position on whether whole-genome sequencing assays that include BRCA mutations would infringe its patents.

The amount of activity last year on the regulatory, reimbursement, legislative, educational, and intellectual property fronts is a sign that the wheels are slowly shifting toward creating a framework that will someday support and deliver genomically guided medicine, even though plenty of barriers and challenges need to be overcome on the path to that goal.

Diagnostic developers and legal experts have been keeping a close watch on Prometheus since the Federal Circuit Court of Appeals' handling of diagnostic method patents in that case may impact the AMP v. USPTO gene-patenting lawsuit that is pending review by the same court.

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Bloomberg reports that the DNA-for-cash deal reported in Kentucky might be a more widespread scam.

St. Jude Children's Research Hospital scientists have treated infants with X-linked severe combined immunodeficiency using gene therapy in an early phase study.

St. Louis Public Radio reports that some African Americans are turning to DNA ancestry testing to help guide genealogical searches.

In Nature this week: a genomic analysis of the snailfish Pseudoliparis swirei, ancient DNA analysis gives insight into the introduction of farming to England, and more.