High Court Strikes Down Patents On Breast And Ovarian Cancer Genes


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Dr. Ellen Matloff, Yale School of Medicine
Barbara Puffer
CT Health I-Team
According to the report, an additional analysis for these cancers known as BART (BRAC Analysis Rearrangement Test), is necessary to detect mutations, but is not always accessible – especially for Hispanics, who show in testing to be high risk.
The U.S. Supreme Court’s decision last week to invalidate a Utah company’s long-held patents on genetic testing for breast and ovarian cancer is expected to result in the test being more accessible to women, at a lower cost, experts say.
The court’s 9-0 decision comes four years after the American Civil Liberties Union on behalf of 20 named plaintiffs, including Ellen Matloff, director, Cancer Genetic Counseling at the Yale Cancer Center, filed a lawsuit charging that the patents held by Myriad Genetics of Utah on the DNA of two genes, known as BRCA1 and BRCA2, is unconstitutional and should be ruled invalid.
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