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Recent Supreme Court Decisions Continue to Raise Doubts About Patents To Advance Personalized Medicine
New Rochelle, NY, March 27, 2012—On March 20, 2012, the U.S. Supreme Court issued its much-anticipated decision in Mayo v. Prometheus, a case addressing the patent-eligibility of personalized medicine and diagnostic methods. Christopher M. Holman, PhD, Executive Editor of Biotechnology Law Report, a publication of Mary Ann Liebert, Inc., explores the possible ramifications of that decision in his Editorial on “Preliminary Thoughts on the Implications of Mayo v. Prometheus for Biotechnology,” which was released online ahead of the April issue due to the timely nature of the commentary.
“Clearly, the effect of Mayo will be felt most keenly with respect to diagnostics and personalized medicine. The identification and validation of clinically significant biomarkers will be critical in bringing to fruition the promise of the next-generation diagnostics and personalized medicine,” says Dr. Holman, Associate Professor, University of Missouri—Kansas City School of Law. “However, in the wake of Mayo, it is unclear whether effective patent protection will be available to adequately incentivize the necessary research.”
“At this point, the implications for biotechnology are far from clear, and could depend on how the Federal Circuit decides the closely related case of Association for Molecular Pathology v. Myriad Genetics,” adds Dr. Holman. On March 26, the Court set aside a ruling that said Myriad Genetics, Inc. could patent two genes linked to breast and ovarian cancers, and in a brief written decision sent the case back to the Federal Circuit to reconsider in light of its most recent pronouncements in Mayo.
About the Journal
Biotechnology Law Report is an authoritative journal published bimonthly in print and online by Mary Ann Liebert, Inc. First published in 1982, the Journal continues to lead the field in its coverage of the evolving body of law and government regulation concerning biotechnology. Focusing primarily on industries in which biotechnology underlies the rapid development of new products, including pharmaceuticals, chemicals, agriculture, food processing, energy, mineral recovery, and waste treatment, the Journal provides information and critical assessment of all legal aspects of these technologies as they move toward commercialization. Complete tables of content and a sample issue may be viewed online at the Biotechnology Law Report website.
About the Company
Mary Ann Liebert, Inc. is a privately held, fully integrated media company known for establishing authoritative peer-reviewed journals in many promising areas of science and biomedical research, including Genetic Testing and Molecular Biomarkers, Human Gene Therapy, and OMICS: A Journal of Integrative Biology. Its biotechnology trade magazine, Genetic Engineering & Biotechnology News (GEN), was the first in its field and is today the industry’s most widely read publication worldwide. A complete list of the firm’s 70 journals, books, and newsmagazines is available at Mary Ann Liebert, Inc.