In Setting Genes Free, Supreme Court Decision Will Put Greater Emphasis on Trade Secret Protection in Biotech

In a decision awaited with considerable trepidation by the biotech world, among others, the Supreme Court Thursday (June 13) handed down its unanimous decision (9-0) in Association for Molecular Pathology v. Myriad Genetics, Inc. The Court held “that genes and the information they encode are not patent eligible… simply because they have been isolated from the surrounding genetic material.”

Myriad discovered the precise location and sequence of what are known as the BRCA1 and BRCA2 genes. That information in turn enabled Myriad to develop medical tests useful for detecting mutations in patient’s genes, and therefore determine likelihood for certain cancers.  Myriad obtained patents directed to “an isolated DNA coding” for those genes. Other Myriad patent claims were directed to “complementary DNA,” called “cDNA,” which omits portions of the genetic sequence within the naturally occurring DNA.  Plainly stated, cDNA is a synthetic creation not present in nature. 

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