U.S. Supreme Court to examine whether human genes are patentable

As the Minnesota Legislature debates a bill allowing collection of medical information that could be used for research, the U.S. Supreme Court will consider whether human genes can be patented.  The case is Association for Molecular Pathology v. Myriad Genetics.

But first the court will have to decide whether there is an Article III case or controversy, SCOTUSblog explains. The Federal Circuit court ruled that only one of the 20 original plaintiffs had standing. The Supreme Court granted review on the validity of Myriad’s patents, but the defendant hasn’t let go of the standing issue.  And, a question of whether there is a live controversy goes to whether SCOTUS has the authority to rule, so it will have to be considered.

Source: http://minnlawyer.com/minnlawyerblog/2013/04/12/u-s-supreme-court-to-examine-whether-human-genes-are-patentable/

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