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Supreme Court Remands ACLU Gene Patenting Case to Appeals Court (ACLU )

**Justices Order Court that Hears Patent Cases to Reconsider Decision That
Limited Access to Crucial Genetic Testing**

FOR IMMEDIATE RELEASE

CONTACT: (212) 549-2666; media@aclu.org

NEW YORK - The U.S. Supreme Court today set aside a ruling that allowed a
company to patent two genes linked to breast and ovarian cancer and limit
access to potentially life-saving genetic tests for at-risk women.

The American Civil Liberties Union and the Public Patent Foundation (PUBAT)
have challenged the patents held by Myriad Genetics on the BRCA1 and BRCA2
genes, which the Court of Appeals for the Federal Circuit last year ruled were
valid.

"In light of recent rulings from the court that mere laws of nature cannot be
patented, we hope that the lower court will come to the correct conclusion
this time around," said Chris Hansen, staff attorney with the ACLU Speech,
Privacy and Technology Project. "It's inconceivable that a company can own a
patent on something as naturally occurring as DNA."

With the judgment vacated, the case will be sent back to the same three-judge
panel who issued the July decision. They can decide the next steps and the
timeline for the case. The Federal Circuit can then issue ...

ACLU