SUPREME COURT Ruling on GENES Being Patentable, Says Human Genes Aren't Patentable!!!!

GOLLUM do you know what that means?

WOW YAY!
for once the supreme court does the right thing.

Otherwise before long Monsanto would make GMO people and own the patent on the DNA and own the product workforce they would grow to replace regular people. Genetic slavery is the inevitable end result of Monsanto if left unchecked.

The cause of the case:

Supreme Court to Rule on Patentability of Human Genes

[link to www.genomicslawreport.com]

The Supreme Court today granted a writ of certiorari (meaning they agreed to hear the appeal) in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., et al., the famous case centered on patents covering two human genes: BRCA1 and BRCA2.

Of note is that the Court limited its grant of the appeal to the first of the three questions posed by the petitioners/plaintiffs: “Are human genes patentable?”

What that means is that the Court has declined to take up other questions presented about method claims and about standing to sue. As a result, the Federal Circuit’s prior holding that the bulk of Myriad’s challenged diagnostic method patents are invalid is now a final decision. This comes as no surprise given the Supreme Court’s recent and decisive opinion tightening the criteria for medical method patents in Prometheus v. Mayo, handed down earlier this year.

Instead, the Court will address – and will only address – the central point of disagreement in the 2-1 decision of the Court of Appeals for the Federal Circuit of August 16, 2012. In that ruling, Judges Lourie and Moore were in the majority, upholding their previous 2011 ruling that isolated DNA molecules are patentable subject matter. Judge Bryson dissented with that part of the ruling, and the Solicitor General has twice (here and here) filed briefs in the case that track closely to Judge Bryson’s dissent.

By granting the appeal, the Supreme Court is now poised to finally address the key point of contention in a series of lengthy and contradictory rulings that began in 2010 with a ruling from a US Federal District Court and continued through the the Court of Appeals for the Federal Circuit (which hears appeals of all US patent cases). It is expected that the Supreme Court will hand down its ruling in Myriad by June 2013.

Thanks for the pin!

nice, glad this got decided this way and that you posted it, OP.

Shit that's a shocker, I thought for sure they would go the other way on that...

Pleasantly surprised...

Same here, on the ruling, and thank you for the last part.



Last Edited by Heavenly Alchemy on 06/13/2013 11:51 AM

I was worried about this ruling too.

Last Edited by Heavenly Alchemy on 06/13/2013 11:53 AM

Monsanto genetic markers infesting the human genome,,, Can you imagine paying them royalties? This way we are contaminated for free! Whoopie!

the mind blowing unmitigated gull of these people trying to put a patent on God's creation.... really sick. too bad a sentence wasn't put on them for trying to pull off patents on nature.

One win for us

Good-- I will never pay a copyright or patent fee on myself.

I don't understand how this means you don't own your own DNA.

Seconding this!

Well you can try to copyright it.....but after drinking some MONSANTAN high fructose corn syrop....you will realize .....your "original" DNA is not original anymoooo...no go back to barn!!

They should be liable for transgenerational genetic mutations, the epigentic crap that corrupts our inheritance..

You cant take them to court for "accidentally" altering yours.....you want cancer in green color or yellowish brown? exotic stench from open wounds is complementary feature and free of charge......just pay shipping and handling to you local obamacare butchershop.

Within 48 hours I fully expect to see a ruling that blocks/overrides this ruling, just like the criminal assholes in power have done before.

SC is final say. Try again...

Overturned on appeal than. You know that They won't just roll over & give up on this.

“It is undisputed that Myriad did not create or alter any of the genetic information encoded in the BRCA1 and BRCA2 genes.”


IOW if they do alter (or create) the human dna, that's a different matter.,,, It is patentable..

Does this mean Levi, Wrangler, American Eagle, etc.. are going to have to shutdown?!?!?!

Exactly. Those patented pigs are synthetic. Thus, frankenfood meant to maintain the medical industrial complex and depopulate

Just a quick search on this question...

Answer
There is no higher court than the Supreme Court, therefore no there is no appellate court to go to.

Answer
Indeed.

However, because we have a system of checks and balances, you aren't entirely without recourse, at least in theory. For example, if your case hinged on a particular interpretation of federal law, and the Supreme Court interpreted the law in such a way that it caused you to lose the case, you can lobby Congress to change the law (good luck).

If you were asserting a constitutional right, and the court found that your constitutional rights had not been violated by a particular government action, you can try to lobby Congress, and the legislatures of at least 3/4 of the states to amend the constitution (fat chance).


Answer
There is NO appeal from a decision of the US Supreme Court, their word is the final word on the interpretation and meaning of the law.


Answer
While all of the above answers are correct, Supreme Court rules allow 25 days after the opinion is released during which either party may request a rehearing (from the Supreme Court) on the decision. Rehearings are seldom granted without a compelling reason.

Really good news. They had no right to own the human dna! Basically its open source and belongs to everyone!

Last Edited by Sungaze_At_Dawn on 06/13/2013 12:32 PM

Partial victory,,, discovery of what exists in nature is not patentable,, however, it upholds (or leaves alone) the idea that altering or creating any dna sequences is still patentable. If they had ruled against the latter, would have threatened Monsanto's raison d'etre...

Still open: there is still no ethical dividing line between human and animal or plant dna. What applies to one still applies to all...

I wonder if parents can patent their children's genes. SCOTUS said no work into companies making the naturally occurring genes so no patent. However, parent put in the work in terms of thrusts, moans, gestation and birth.