A bit over two years ago, a large collection of interested parties joined together with the ACLU to challenge a practice that had become business as usual: the patenting of human genes. The group filed a suit that targeted a specific set of patents: those used by Myriad Genetics to control the market for tests of the BRCA breast cancer genes.
In a surprise result, the judge overseeing the case issued a sweeping ruling that not only voided Myriad’s patents, but seemed to put all gene patents at risk. Now that decision has been reversed, as an Appeals Court has upheld the patents in question.