No matter the outcome of this trial, it will have repercussions far beyond it. Medical research may hinge on the ability to freely conduct testing without the hindrance of getting permission and paying a fee to patent holders. It may seem like hyperbole but medical research as we know it today may grind to a fault while different organizations and groups try to find and patent every gene they can. For some the benefits of such an outcome outweigh the risks, due to the fact that we will know more about the human body and what causes certain diseases. That may be true but consider the following situation; a group of genes which serve as the linchpin of all cancers is discovered and patented by three or more laboratories. In order for any other labs to conduct research they would need to get permission and pay licensing fees to all involved. This would create a nightmare scenario wherein only the richest among us would be able to get tested. Thus you would create a master race not due to their strengths but due to the amount of money they have.
Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (1948)
Retrieved from FindLaw | Cases and Codes
Breast cancer . (n.d.). Retrieved from Breast Cancer Home Page - National Cancer Institute
Altekruse SF, Kosary CL, Krapcho M, Neyman N, Aminou R, Waldron W, Ruhl J, Howlader N, Tatalovich Z, Cho H, Mariotto A, Eisner MP, Lewis DR, Cronin K, Chen HS, Feuer EJ, Stinchcomb DG, Edwards BK (eds). SEER Cancer Statistics Review, 1975-2007, National Cancer Institute. Bethesda, MD,SEER Cancer Statistics Review 1975-2007 - Previous Version - SEER Cancer Statistics, based on November 2009 SEER data submission, posted to the SEER web site, 2010.
Tom Reynolds. (2001). Brca1: Lessons learned from the breast cancer gene. Journal of the National Cancer Institute, 93(16), 1200-1202. Retrieved from BRCA1: Lessons Learned From The Breast Cancer Gene
Futreal, P. A., et al (1998). U.S. Patent No. US5747282. Washington, DC: U.S. Patent and Trademark Office.
DIAMOND v. CHAKRABARTY, 447 U.S. 303 (1980)
Retrieved from Google Scholar
Appendix L Consolidated Patent Laws Title 35 U.S.C. 101
Association for Molecular Pathology, et al V. Myriad Genetics pg 56, 2010
Retrieved from http://www.americanbar.org/content/d...thcheckdam.pdf
John F. Merz, et al (2002). Diagnostic testing fails the test. Nature,415(6872), 577-579. Retrieved from Diagnostic testing fails the test
Blumenthal D. (1997). Withholding research results in academic life science. evidence from a national survey of faculty. Journal of the American Medical Association, 277(15), 1224-1228. Retrieved from Withholding research results in academic life science. ... [JAMA. 1997] - PubMed - NCBI
Tom Walsh, PHd. (2006). Spectrum of mutations in brca1, brca2, chek2, and tp53 in families at high risk of breast cancer . Journal of the American Medical Association, 295(12), 1379-1388. Retrieved from JAMA Network | JAMA | Spectrum of Mutations in BRCA1, BRCA2, CHEK2, and TP53 in Families at High Risk of Breast Cancer
The Association for Molecular Pathology, et al V. Myriad Genetics, Inc., V.C.1 104 (UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK, 2010) Retrieved from
Swensen, J. Jeffrey (1999) Cloning and characterization of the BRCA1 gene (Doctoral dissertation) Retrieved from Cloning and characterization of the BRCA1 gene; :: IR - Theses & Dissertations 1
Brief for The American Medical Association, et al. as Amici Curiae Supporting Litigant The Association for Molecular Pathology, et al V. Myriad Genetics, Inc, V.C.1
And the last sentence is a mess. Strength and wealth explain the characteristics of the master race. The race is not due to anything; its creation is. And the creation is 'due not to A but to B' - no need to repeat the 'due to'.
I don't have time to go through the references.