American Civil Liberties Union

For the last four years, I've had the honor of representing 20 amazing organizations and individuals in our challenge to human gene patents. They include: leading organizations of pathologists and geneticists; scientists, physicians, and genetic counselors who work every day to improve our understanding of the connection between genes, disease, and treatment and the care they provide to patients; breast cancer and women's health groups, who spoke out against the effects of these patents on patients; and women who have family histories of breast and ovarian cancer, or who have already been diagnosed with cancer, and faced obstacles to their medical care because of these patents.

Today, the Supreme Court granted our petition seeking review of an appellate court’s 2-1 ruling upholding patents on two human genes associated with hereditary breast and ovarian cancer.  We represent 20 plaintiffs, including geneticists, patients, and scientific organizations representing over 150,000 pathologists and laboratory professionals.   The case is the first challenging whether human genes can be patented.

Across the country, a growing number of cities are adopting nuisance ordinances that impose fines and criminal penalties on landlords and tenants when the police are called too many times to the property. In Milwaukee, Wisconsin, landlords may be fined if the police are called to the premises three or more times within 30 days. While the stated goal is to deter crime and recoup costs, these ordinances endanger domestic violence survivors, particularly women of color.

Today, we asked the U.S. Supreme Court to review an appellate court’s 2-1 ruling upholding patents on two human genes associated with hereditary breast and ovarian cancer.  The case challenges patents that pose a serious barrier to using new discoveries in genetic testing and how genes influence the way cancers develop and can be treated.

BRCA1 and BRCA2 are two of the 23,000 genes in the human genome, 20 percent of which have been patented.  We all have these genes, but women with certain genetic mutations are estimated to have up to an 85 percent risk for breast cancer and 50 percent risk for ovarian cancer.  Myriad Genetics obtained patents on the “isolated” forms of the two genes, which simply means it obtained a patent on the human gene once it has been removed from the cell.  It does not matter whether the genes come from you, me or any of the other 285 million people in the U.S., or whether you have a mutation or not – the patents claim them all.  Even though laboratories around the country are fully capable of providing genetic testing for BRCA1 and BRCA2 (and were already testing patients before the patents forced them to stop), the patents in essence give a monopoly over these genes.