• District Court Rules Against Patenting Human Genes
  • April 13, 2010 | Author: Sarah A. Kagan
  • Law Firm: Banner & Witcoff, Ltd. - Washington Office
  • The ACLU filed a broad constitutional challenge to the patentability of gene sequences. While winning its declaratory judgment action at the U.S. District Court of Southern District of New York, the ACLU did not obtain the constitutional review it sought. Rather, the court decided that Myriad’s fifteen claims in seven patents relating to the BRCA1 and BRCA2 genes and prognostic methods were invalid under patent statute 35 U.S.C. §101. Under the doctrine of constitutional avoidance, the court dismissed without prejudice the ACLU claims of constitutional violations.