I am wondering if this can be seguayed over to Monsanto and the GMO fraud? Since nature is the true creator, then how can they patent anything that is primarily by nature and how can they sell the food from it to us without labeling it, since again its not nature or natural and it affects our DNA which is without our permission.
Its truly time someone paid by the taxpayer, stood up for us. Thank you supremes, now keep going and do not stop. Now, the big question is who is the company most affected by it? Is it a company owned by members of the LDS Church? The Company is located in Utah, so that is what makes me ask.
This court has not skipped a beat ruling in almost all cases in favor of the fascists, both foreign occupying and domestic fascists. It does beg the question.
One does wonder, since the foreign occupiers of our country have a history of hating Christians and going after them in every way they can to destroy the Christ based religions, so it was sufficient behavioral difference on the part of these supremes to truly ask the question.
Well, I will be satisfied that it happened and dig later and post our findings. Once Again, making money off the pain, suffering and life of our people is not a legitimate way to gouge for profits. There should be some integrity involved here as welll as civic sense within the community by the company making profits off these patents. With Thomas on the court, we will have a hard time getting this to cross over into GMO foods and the labelling issue.
Sanity prevails: US Supreme Court rules that human genes are not eligible for patent protection
http://vaccineliberationarmy.
by Eileen Dannemann, Contributor
Source: ACLU SITE
In a unanimous ruling, the United States Supreme Court ruled today that human genes cannot be patented. The ruling invalidates the thousands of patents that have already been granted on human genes, including the patent by Myriad Genetics on the BRCA breast cancer genes which the company says no one else can research or even detect without paying it a royalty.--
Best regards,
Eileen Dannemann
Director, National Coalition of Organized Women
BODY OF ARTICLE BEGINS HERE BELOW
WASHINGTON – The U.S. Supreme Court today unanimously invalidated patents on two genes associated with hereditary breast and ovarian cancer in response to a lawsuit filed by the American Civil Liberties Union and the Public Patent Foundation (PUBPAT) on behalf of researchers, genetic counselors, patients, breast cancer and women's health groups, and medical professional associations representing 150,000 geneticists, pathologists, and laboratory professionals.
The patents allowed a Utah company, Myriad Genetics, to control access to the genes, known as BRCA1 and BRCA2, thereby giving them the right to limit others from doing research or diagnostic testing of the genes, which can be crucial for individuals making important medical decisions. The patents also allowed Myriad to set the terms and cost of testing and made it difficult for women to access alternate tests or get a comprehensive second opinion about their results.
"Today, the court struck down a major barrier to patient care and medical innovation," said Sandra Park, senior staff attorney with the ACLU Women's Rights Project. "Myriad did not invent the BRCA genes and should not control them. Because of this ruling, patients will have greater access to genetic testing and scientists can engage in research on these genes without fear of being sued."
The court found that the patents on human genes are invalid, which represents a major shift in patent law and overturns current Patent Office policy. The court also found that patents on complementary DNA, or cDNA, are patent-eligible.
Scientists can provide genetic testing without relying on cDNA. Thus, the court's ruling lifted the patent obstacle to offering genetic diagnostic testing.
"The court rightfully found that patents cannot be awarded for something so fundamental to nature as DNA," said Daniel B. Ravicher, executive director of PUBPAT and co-counsel in the lawsuit.
The restrictions on examining the BRCA genes can have devastating results. Kathleen Maxian of Buffalo, N.Y. is suffering from late-stage ovarian cancer that she believes could have been prevented. Her sister, who is a breast cancer survivor, obtained a test from Myriad that did not look for all known genetic mutations associated with cancer and was told she was negative for mutations.
Years later, her sister learned that she did, in fact, have a BRCA genetic mutation – information that Maxian could have relied on to seek preventive surgery. Numerous labs across the country have stated that they are capable of providing this comprehensive screening and would do so were it not for Myriad’s patents.
Lisbeth Ceriani, a breast cancer survivor and plaintiff in the case, was faced with having to pay over $4,000 for Myriad’s testing to determine if she carried a genetic mutation associated with hereditary ovarian cancer because Myriad had refused to enter into a contract with her insurance company. She was forced to wait 18 months before she was able to obtain the test through a grant, at which point she learned she did indeed carry a mutation.
"I'm relieved that no other women will have to go through what I went through," said Ceriani. "I'm so glad that the Supreme Court agrees that women deserve full access to vital information from their own bodies."
A federal district court invalidated all of the challenged patents in 2010. In 2012, a federal appeals court ruled for the second time that the patents on the genes were valid. Its 2-1 decision followed a Supreme Court order directing the appeals court to reconsider its initial decision in light of a related patent case decided by the Supreme Court last spring.
The article is reproduced in accordance with Section 107 of title 17 of the Copyright Law of the United States relating to fair-use and is for the purposes of criticism, comment, news reporting, teaching, scholarship, and research.
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