Can ACLU Expect to Win Its BRCA Gene Patenting Case Before it Even Gets to Trial?
By Turna Ray In a counter move to Myriad Genetics’ motion to dismiss its anti-gene patenting case, the American Civil Liberties Union has submitted numerous declarations of material fact to urge a district court judge to decide that Myriad’s BRCA patents are invalid and unconstitutional even before the case even gets to trial. The ACLU filed a motion for summary judgment on Aug. 26 in New York Southern District Court, asserting what it claims are “undisputed facts” in its case challenging the patentability of certain gene mutations since they occur in nature. Furthermore, the ACLU set forth the reasons why it believes that Myriad’s practice of patenting certain BRCA gene mutations restricts research and limits thought, thereby violating the First Amendment. The district court judge on the case is Robert W. Sweet. The push for summary judgment has little chance of success, according to John Conley, a law professor at the University of North Carolina – Chapel Hill. Conley specializes in