A company has a patent, yes a patent on the gene sequences known to be the cause of certain types of cancer. Because they have a patent on such gene sequences, only they are allowed to look at or interpret them as being the predictive gene sequences. And the company charges $3,000 per test.
The suit alleges (correctly, in my opinion) that this gene sequence is NOT an invention, but a product of nature. The company merely found this sequence and what it means, and is, therefore, not an invention and is not patentable. At least the judge agrees...for now. In the preliminary hearings at least.
Now the issue is going to be whether or not the suit has standing, as none of the plaintiffs have these genes. A horrible technicality, I know. But, the judge has specifically mentioned that the issue isn't whether or not the plaintiff will win, but rather whether or not they are able to present the evidence to support their claims in the first place. Fun stuff.
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