Supreme Court of the US decided that “isolated human genes cannot be patented.” Errrr..?

So, I've been a bit out of the genetic loop so to say, lately, and knew nothing about this until I just received an email from the pretty 'big' DNA testing company Family Tree DNA (FTDNA) (they sent this email to all of their users who have used their DNA testing services) anyway, it is from the actual president of the company.. Here's the email:

Hello,

It's rare that I send 'blast emails', but if there was ever a time in my life that called for a broad based blast, now is that time. I want to share with you an important campaign www.freemygenes.org that I have started, to raise awareness to an alarming situation.

About 10 weeks ago the Supreme Court of the United States (SCOTUS) decided that “isolated human genes cannot be patented.”

That same day our DNA testing company launched a breast cancer test that was far more affordable than previous offered tests. Our precedent-setting reduction in price meant that millions of Americans who previously could not get the test--because their insurance company wouldn't pay, or because they lacked insurance--now had access to a high quality test for breast cancer risk.

Myriad Genetics sued us and others for offering this test and although we are not looking for a fight, we are now forced to defend ourselves and feel morally obligated to bring the world a more affordable test. As a child of the 60s, I can tell you that if there ever was a fight worth fighting, this is it.

I urge you to visit our site: www.freemygenes.org and familiarize yourself with the situation as it has unfolded and I urge you to share this information with others. Our actions are based on two key points: genetic testing should be affordable and available to everyone; and test providers should share data to enable better tests for consumers.

To help us promote the effort we ask that you LIKE our page and update your FB profile picture to reflect our cause. Details are on the website.

I am humbled by the volunteers who have stepped forward to help us with this case so far, including the ACLU, AARP, and the Breast Cancer Action. Now it's your turn. Please do so as soon as you have the opportunity to get online. Thank you very much for your support.

Best Regards,

Bennett Greenspan
President
Family Tree DNA
www.familytreedna.com
"History Unearthed Daily"

He (and apparently several others who are apart of this cause group) seem to be pretty shaken up about the whole thing, from this Supreme Court's ruling of isolated human genes not being able to be patented, to being sued by some other source for merely attempting to provide the public with a test that can help in identify their risk for breast cancer...

As I said, I'm out of the loop in regards to this and this is sort of just news to me.. Besides this company being sued and so on, what and the hell is the deal with this whole thing and the US Supreme court not allowing human genes to be patented, thus apparently not allowing any further research/testing of these genes and area of genomics?

The Supreme Court did a good thing for a change, this time. The suing over patent is the answer to this company offering a cheaper test due to what the Super Court decided, as how I read what your presenting here.

Had the Supreme Court gone the other way, then genetic development and higher level research would have gone the way of synthetic pharmaceuticals. Never simply 'for profit' but 'for profit' to the absolute breaking point the market will bear. After all, if they could have patented genetic material the way they hoped? The company to claim the patents first would create a monopoly by default, hold a captive audience for the nature of the product and charge whatever the heck they felt like. Kinda like how it is now with big Pharma and anything in a life saving category of drug.

If it stifles research because they can't charge a 10,000% markup on each dose, then tough I say. It beats medicine exclusive to the wealthy or connected class as can sometimes be the case now. Maybe it'll even free up a little lab time for those who would do research for it's own sake....as once produced some of the best medicines.

Allowing companies to patent stuff like that would be setting a horrible, dangerous precedent.


And I completely fail to see how this ruling has anything to do with the email you received, or that company being sued. Care to elaborate on that one?