Tuesday, May 22, 2012

Poignant Question

The following was posted on Yahoo Answers:
http://answers.yahoo.com/question/index?qid=20120502135032AAa1Szf


"How to stop gene patenting?

So in my speech class I'm supposed to give a persuasive speech. I choose stopping gene patents. I surveyed my class and most agreed that they should be stopped, so it's not persuading them to agree, but persuading them to take action.
I've been searching and searching on what we can do to stop gene patents. I've found the recent case that went to the Supreme Court (but back down to appeals) against Myriad for the breast caner/ ovarian cancer gene patent. That's still waiting a decision but there are thousands and thousand of gene patents. What can I tell my class to do to help make the government make it law not to put patents on genetic material?
I found a letter on the ACLU site, but that bill died in 2009.
Do you know of any petitions or new bills or ANYTHING!!

(if you disagree with this, that's ok. I just need something so i can pass this speech and class)"

Yes, Virginia, there is much you can do to stop gene patenting.
Here are four organizations you can contribute to which have campaigns against gene patenting:

American Civil Liberties Union (You found this one) 
http://www.aclu.org/take-back-our-genes

Friends Of The Earth
http://www.foe.org/news/blog/2012-02-take-back-our-genes  

American Anti-Vivisection Society  
http://www.aavs.org/site/c.bkLTKfOSLhK6E/b.6470165/k.A10/Stop_Animal_Patents.htm

International Center for Technology Assessment
http://www.icta.org/patent-watch/

Monday, May 21, 2012

BioTechniques - Gene Patent Case Heads Back to Court

In this article: BioTechniques - Gene Patent Case Heads Back to Court dated 05/14/2012,
Daniel B. Moskowitz raises the cry, "In the end, the outcome will have an impact on funding availability for future biotech research."
My take is that mankind's destiny is to do the research and to cure disease.

Friday, May 18, 2012

Are DNA Patents Doomed?

While playing it coy, "genethicist" Ricki Lewis, seems to lean in that direction in the Scintific American Online article:
http://blogs.scientificamerican.com/guest-blog/2012/04/03/are-dna-patents-doomed/

SCOTUS Orders

For the record: Here is the text of the order in the Myriad case from the SCOTUS taken from the Order List: 566 U.S., dated Monday, March 26, 2012:

(from: http://www.supremecourt.gov/orders/courtorders/032612zor.pdf)


11-725 
ASSN. FOR MOLECULAR PATHOLOGY V. MYRIAD GENETICS, ET AL. 
The petition for a writ of certiorari is granted. The 
judgment is vacated, and the case is remanded to the United 
States Court of Appeals for the Federal Circuit for further 
consideration in light of Mayo Collaborative Services v. 
Prometheus Laboratories, Inc., 566 U.S. ___ (2012). 

Thursday, May 17, 2012

Order in the Court (CAFC)

Here is the complete text of the order of the CAFC in response to the remand by the SCOTUS in AMP v PTO (Myriad case) dated April 30, 2912:




 NOTE: This order is nonprecedential. 
United States Court of Appeals for the Federal Circuit 
__________________________ 
THE ASSOCIATION FOR MOLECULAR PATHOLOGY, 
THE AMERICAN COLLEGE OF MEDICAL GENETICS, 
THE AMERICAN SOCIETY FOR CLINICAL PATHOLOGY, 
THE COLLEGE OF AMERICAN PATHOLOGISTS, HAIG KAZAZIAN, MD, 
ARUPA GANGULY, PHD, WENDY CHUNG, MD, PHD, HARRY OSTRER, MD, 
DAVID LEDBETTER, PHD, STEPHEN WARREN, PHD, ELLEN MATLOFF, M.S., 
ELSA REICH, M.S., BREAST CANCER ACTION, 
BOSTON WOMEN’S HEALTH BOOK COLLECTIVE, LISBETH CERIANI, 
RUNI LIMARY, GENAE GIRARD, PATRICE FORTUNE, 
VICKY THOMASON, AND KATHLEEN RAKER, 
Plaintiffs-Appellees, 
v. 
UNITED STATES PATENT AND TRADEMARK OFFICE, 
Defendant, 
and 
MYRIAD GENETICS, INC., 
Defendant-Appellant, ASSOCIATION FOR MOLECULAR v. PTO
and 
LORRIS BETZ, ROGER BOYER, JACK BRITTAIN, ARNOLD B. COMBE, 
RAYMOND GESTELAND, JAMES U. JENSEN, JOHN KENDALL MORRIS, 
THOMAS PARKS, DAVID W. PERSHING, AND MICHAEL K. YOUNG, 
IN THEIR OFFICIAL CAPACITY AS DIRECTORS OF THE UNIVERSITY OF UTAH RESEARCH FOUNDATION, 
Defendants-Appellants. 
__________________________ 
2010-1406 
__________________________ 
Appeal from the United States District Court for the Southern District of New York in case no. 09-CV-4515, Senior Judge Robert W. Sweet. 
__________________________ 
O R D E R 
__________________________ 
On March 26, 2012, the Supreme Court of the United States vacated this court’s judgment and remanded the case to this court for further proceedings in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S.Ct. 1289 (2012). 
Upon consideration thereof, 
IT IS ORDERED THAT
(1) The court’s opinion of July 29, 2011, is vacated, the mandate of this court issued on September 23, 2011, is recalled, and the appeal is reinstated. ASSOCIATION FOR MOLECULAR v. PTO
(2) The parties are requested to file simultaneous supplemental briefs, not exceeding 20 pages, not later than June 15, 2012, addressing the following issue: What is the applicability of the Supreme Court’s decision in Mayo to Myriad’s isolated DNA claims and to method claim 20 of the ’282 patent? 
(3) An original and eleven copies of supplemental briefs shall be filed, and two copies of each brief shall be served on opposing counsel. 
(4) Briefs of amici curiae will be entertained, limited to 15 pages and due not later than June 15, 2012, and any such amicus briefs may be filed without consent and leave of court but otherwise must comply with Federal Rule of Appellate Procedure 29 and Federal Circuit Rule 29. The United States is expressly invited to file an amicus brief. 
(5) Oral argument will be held at 10:00 a.m. on July 20, 2012. FOR THE COURT 
April 30, 2012 
Date 
/s/ Jan Horbaly 
Jan Horbaly 
Clerk 

Other Peoples Bodies

"Other Peoples Bodies" is my new book.  It is the non-fiction expose of the way in which the biotechnology companies, the NIH, others in the government, and private patent attorneys are trying, and succeeding in monopolizing the property rights inherent in your body's genetic structure. It treats both animals and humans. It is now available at Lulu.com. The URL is: http://www.lulu.com/shop/arthur-gershman/other-peoples-bodies/hardcover/product-20049226.html The book cites some target patents to invalidate, such as patents claiming genes useful for the treatment of diseases such as diabetes, kidney disease and mood disorders. Say no to these patents.