The challenge to Myriad’s patents on the breast cancer genes is moving forward in court—slowly. In July, the defendants in the case—the folks who want the patents to stay just the way they are—moved to dismiss the lawsuit. They argued that none of the plaintiffs (including BCA) have sufficient connection to the patent issues to bring their case to court.
The defendants’ action was expected by the ACLU lawyers handing the case. In response, they and the Public Patent Foundation filed a request that the court issue a ruling that the patents are unconstitutional and invalid. This request is supported by friend of the court briefs from, among others, the American Medical Association, the March of Dimes, the American Society for Human Genetics, the National Women’s Health Network, Asian Communities for Reproductive Justice, and Generations Ahead. Stay tuned for updates on the case.