Supreme Court says human genes cannot be patented & Natural DNA Cannot Be Patented, Supreme Court Rules 13JUN13

THIS is a great victory for everyone, the Supremes got this one right, thank God!!!! And thank you ACLU!!! A bit of history on this issue can be found at  I don't have long to live. Take Back Your Genes. 4JUN13
http://bucknacktssordidtawdryblog.blogspot.com/2013/06/i-dont-have-long-to-live-take-back-your.html

By Associated Press, Updated: Thursday, June 13, 10:42 AM

WASHINGTON — The Supreme Court says companies cannot patent human genes, a decision that could profoundly affect the medical and biotechnology industries.
In a unanimous decision, the court struck down patents held by Myriad Genetics Inc. on two genes linked to increased risk of breast and ovarian cancer.
Opponents say patent protection shouldn’t be given to something that can be found inside the human body.
But lower courts approved, saying Myriad’s genes could be patented because the DNA it isolated and took from the body has a “markedly different chemical structure” from DNA found naturally within the body.
Justice Clarence Thomas wrote that the DNA is a product of nature and not eligible for a patent merely because it has been isolated.
Copyright 2013 The Associated Press.
http://www.washingtonpost.com/politics/courts_law/supreme-court-says-human-genes-cannot-be-patented/2013/06/13/f7681b22-d436-11e2-b3a2-3bf5eb37b9d0_story.html?wpisrc=al_comboNP_p

Natural DNA Cannot Be Patented, Supreme Court Rules

by MARK MEMMOTT

June 13, 201310:48 AM

In a decision that could have broad-reaching effects on the future of science and medicine, the Supreme Court on Thursday ruled that:

— "A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated."

— But, synthetically created "strands of nucleotides known as composite DNA (cDNA)" are "patent eligible" because they do not occur naturally.

The case, as NPR's Nina Totenberg has reported, revolved around Myriad Genetics, a Utah biotechnology company that:

"Discovered and isolated two genes — BRCA 1 and BRCA 2 — that are highly associated with hereditary breast and ovarian cancer. Myriad patented its discovery, giving it a 20-year monopoly over use of the genes for research, diagnostics and treatment. A group of researchers, medical groups and patients sued, challenging the patent as invalid."

The court's unanimous decision Thursday, Reuters writes, was "a mixed ruling. ... The nine justices reached a compromise by saying synthetically produced genetic material can be patented but that genes extracted from the human body, known as isolated DNA, do not merit the same legal protections."

Writing for the court, Justice Clarence Thomas says that "we merely hold that genes and the information they encode are not patent eligible ... because they have been isolated from the surrounding genetic material."

Watch for more on the decision and its ramifications on The Shots blog.

http://www.npr.org/blogs/thetwo-way/2013/06/13/191283148/natural-dna-cannot-be-patented-supreme-court-rules?sc=nl&cc=brk-20130613-1053

I don't have long to live. Take Back Your Genes. 4JUN13

I would like to hear how these companies would justify their patents to God....Please participate in this call to action from the ACLU calling on the U.S. Patent and Trademark Office to ban gene patents, click the link.....

Below is an email from Kathleen Maxian, who's been fighting a battle against ovarian cancer and has a powerful story to share about gene patents.

Tell the USPTO to stop patenting our genes. Being diagnosed with advanced-stage ovarian cancer was devastating-the doctors say I have, at most, five years left on earth. It didn't have to be this way.  After my sister's breast cancer diagnosis a few years ago, she had genetic tests done that could have warned both of us about the risks we faced. But thanks to Myriad Genetics' patents on two important genes, my sister didn't have access to the more accurate tests we needed. Angelina Jolie's recent decision to have a double mastectomy because of her cancer risk stirred up a lot of controversy, but the point is she had a choice-one that I didn't. It's crazy for anyone to claim the right to patent our genes for their exclusive profit. Even scarier is that it's prevented people like me from finding out how high-risk we really are. Thanks to a challenge brought by the ACLU, the Supreme Court might strike down Myriad Genetics' patents on the BRCA1 and BRCA2 genes. Even if it declares these particular patents invalid, it might not apply to other gene patents. That's why we have to pressure the United States Patent and Trademark Office (USPTO) right now to stop issuing any new patents on our genes, before more harm is done. Tell the United States Patent and Trademark Office to stop issuing any new gene patents now.  I learned too late that women with certain genetic mutations of the BRCA1 and BRCA2 genes, like me, have up to an 85 percent lifetime risk for breast cancer and 50 percent risk for ovarian cancer. That's why these tests are so important. And when Myriad Genetics started enforcing their patents, it meant cracking down on labs offering critical genetic screenings and those conducting the kind of research that would benefit patients like me. Genes are products of nature-the building blocks of life that help make us who we are. They should not be monopolized. It's like patenting gold or the air or the human heart. And limiting our access to research or testing of genes may have dangerous consequences for our health.  In fact, most of the federal government agrees with that, while the USPTO is one of the only agencies that thinks differently. But it has the power to make a difference, which is why I need your help in changing its stance. Demand that the United States Patent and Trademark Office issue a moratorium on any new gene patents. I feel like cancer has taken over my life and I live in fear every single day. I would love for Myriad Genetics to say "This is bigger than us. Let's get rid of the patent. Let's let other people get involved in this." But if they never do, we must stand together to support the women we love in the fight of their lives.  Thanks for being there, Kathleen Maxian

THIS WEEK IN CIVIL LIBERTIES from THE ACLU 29JUN12

THIS week in civil liberties covers genes & DNA, life without parole for minors, Arizona & immigration, bush & torture, the US military's drone program and US military contractors involved in human trafficking...

By Rekha Arulanantham

Dr. James Watson thinks that patenting human genes is “lunacy.” What scientific discovery is he known for?
Which court ruled this week that a sentencing scheme of mandatory life in prison without the possibility of parole for children is unconstitutional?
Which discriminatory provision of Arizona’s anti-immigrant law did the Supreme Court uphold this week?
Why does the government continue to fight ACLU efforts to increase transparency regarding the targeted killing program?
What ACLU tool can you use to read over 100,000 pages of documents related to the Bush administration’s rendition, detention, and interrogation policies and practices?
James Watson, Discoverer of DNA: Patenting Human Genes Is “Lunacy”
Recently, Dr. James Watson filed an amicus brief opposing gene patenting in our lawsuit challenging Myriad Genetics' patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”
ACLU Lens: Supreme Court Rules Against Mandatory Life Without Parole for Children
A message for Alabama, Arkansas, and the entire United States: a sentencing scheme of mandatory life in prison without the possibility of parole for juvenile homicide offenders (JLWOP) is cruel and unusual punishment. That’s what the Supreme Court said this week when it ruled in Miller v. Alabama and Jackson v. Hobbs that such sentencing schemes violate the Eight Amendment of the U.S. Constitution.
Supreme Court Deals Blow to 3 Provisions of Arizona’s Racial Profiling Law but Allows “Show Me Your Papers” Provision to Live Another Day
This week’s Supreme Court decision in Arizona v. United States rightly rejects three parts of Arizona’s controversial SB 1070 law as unconstitutional. Yet critically, the Court opens the door to racial profiling by upholding the most egregious provision, the “show me your papers” provision, Section 2(B) of the law. The Court did, however, recognize that in practice Section 2(B) may suffer from constitutional defects that make it vulnerable to legal challenge going forward. But the Court basically kicked the racial profiling can down the road. The ACLU will seize this opportunity and continue the battle against laws like SB 1070 which encourage and codify racial profiling of immigrant communities and people of color.
The Government’s Pseudo-Secrecy Snow Job on Targeted Killing
Just before a midnight deadline on Wednesday, the government filed its legal brief responding to the ACLU’s Freedom of Information Act lawsuit seeking information about the legal and factual basis for the deaths of three U.S. citizens in targeted killing drone strikes last fall. Our initial reaction to the brief is here, but the government’s position is so remarkable that it warrants further comment.
ACLU Launches Torture Database in Recognition of International Day in Support of Victims of Torture
For Torture Awareness Month, we are launching the Torture Database, a compilation of over 100,000 pages of documents related to the Bush administration’s rendition, detention, and interrogation policies and practices. The database is our effort to provide meaningful public access to the primary documentation of torture and abuse during the years following September 11, 2001.
This is your week in civil liberties. Let us know if this is useful or if you'd like to see changes. Share your thoughts: ideas@aclu.org
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