Showing posts with label breast. Show all posts
Showing posts with label breast. Show all posts

Saturday, April 5, 2014

Mom gets 20 years in breast feeding overdose

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Mom gets 20 years in breast feeding overdose

Thursday, February 13, 2014

EMF Radiation: a New Cause of Breast Cancer?

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EMF Radiation: a New Cause of Breast Cancer?

Monday, October 21, 2013

During Breast Cancer Awareness Month, recalling character that mattered

During Breast Cancer Awareness Month, recalling character that mattered
http://isbigbrotherwatchingyou.com/wp-content/uploads/2013/10/85d46__nsa__RobertaReeder.jpg


By Scott Reeder


My mother’s breathing was ragged.


I held her left hand with each labored gasp.


CHARACTER: Roberta Reeder was on of many women to die of breast cancer.

CHARACTER: Roberta Reeder was one of many women to die of breast cancer.



My dad, her husband of almost 59 years, gripped her right.


As she breathed slowly, shallowly, my dad cried out, “Save a place for me in heaven.”


Tears fell down the face of my sister, who sat at the foot of the bed.


We watched 79 years of life and an 11-year battle with breast cancer come to an end.


Our mother was gone.


The pictures on the bedroom wall spoke to what was important to mom: family.


Photos of each of her three children and their partners on their wedding days stood like sentinels overlooking her bed. The faces of her seven grandkids peered out from picture frames. A devoted husband looked on adoringly.


Happy memories.


I thought of my three daughters – all of whom were born during mom’s long fight with cancer.


Days before her death, they stood at their grandmother’s bedside and sang “Jesus Loves Me.”


But what will they remember about their grandma?


For me, June 2, 2013, always will be a day of sadness.


Earlier this month, I donned a pink shirt in memory of my mother, Roberta Reeder.


To be honest, sometimes I think all of the October pink ribbons, shirts and merchandise trivialize just how pernicious breast cancer really is.


That said, I want my mother’s legacy to live on.


One good thing about Breast Cancer Awareness Month is it gets us thinking about what we can do.


Here are some thoughts:


  • If you’re a woman, schedule your next mammogram today.

  • Give a cancer patient the most important thing that you can: you. Cook a meal. Sit by a bedside.

  • Comfort a family member.

  •  There are lots of charities that help folks with breast cancer. Please donate or volunteer. Your help is needed.

Folks from my hometown of Galesburg, Ill., did all of those things for my family. It was most appreciated.


A cancer diagnosis can be overwhelming.


When mom first received her terminal prognosis four years ago, the family was devastated.


Shortly after she was told the cancer was beyond cure, we had a birthday party for my eldest daughter.


Mom wept while she sang “Happy Birthday.” Dad’s voice cracked while saying grace.


My wife, Joan, thought of her mother, who died of breast cancer a few weeks before our wedding.


At times, during this long battle with cancer I was at a loss to know what to say to my mom.


The only thing that seemed just right was, “I love you.”


The chemotherapy left her bald. Sores developed on her feet. The cancer sapped her energy. Nausea haunted her for years.


It was not an easy life. But it was one she endured without complaining.


Some folks call that courage. I call it character.


Despite her difficulties, mom always had a smile for her family.


When folks ask what I remember most, that’s it.


I love you, Mom.


Scott Reeder is a veteran statehouse reporter and the journalist in residence at the Illinois Policy Institute. He can be reached at sreeder@illinoispolicy.org. Readers can subscribe to his free political newsletter by going to ILNEWS.ORG or follow his work on Twitter @scottreeder



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Friday, October 18, 2013

RFID Microchips to be Embedded in Breast Implants

RFID Microchips to be Embedded in Breast Implants
http://isbigbrotherwatchingyou.com/wp-content/uploads/2013/10/94053__google_spying__181013breast.jpg


Technology backed by CEO who promoted implantable chips as replacement for credit cards


Paul Joseph Watson
Prison Planet.com
October 18, 2013


RFID Microchips to be Embedded in Breast Implants 181013breast

Image: Breast Implants.



A manufacturer of breast implants has announced that it will begin selling its products with an RFID microchip embedded in the implant, partnering with a company whose CEO previously tried to market the implantable microchip as a replacement for the credit card.


Breast augmentation is one of the most popular cosmetic surgery procedures, with a staggering 300,000 women in America alone receiving breast implants every year.


Establishment Labs, a major breast, body and facial aesthetic company which has offices in both Europe and America, recently announcedthat it has teamed up with VeriTeQ to produce breast implants, “with a radio frequency identification tag built in, with the goal of providing information about the implant to a patient long after the device has been inserted into her body.”


“EL’s Motiva Implant Matrix Ergonomix™ with VeriTeQ’s Q Inside Safety Technology is the world’s first externally identifiable breast implant,”reports Yahoo Finance, adding that the microchip, which can be read via external scanners, has already been approved by the FDA.


A leading chain of plastic surgery clinics in the UK, which has asked to remain anonymous for now, intends to announce it will begin implanting patients with the technology next month.


The use of implantable microchips to track pets has become common over the last decade, but their use in human beings has consistently faced hurdles due to Big Brother concerns about people being electronically tagged like animals, as well as the biblical idea of a “mark of the beast,” which some fear will eventually become a mandatory replacement for the credit card or even a universal form of identification.


The CEO of VeriTeQ is Scott R. Silverman, who was also the former CEO of Applied Digital Solutions. Ten years ago, Silverman was eager to promote the VeriChip, a syringe-injectable microchip implant for humans, as a fraud-proof replacement for credit card transactions.


Although the idea never really took off, it was utilized by Baja Beach Club to allow VIPs access to exclusive areas at nightclubs.


Media interest surrounding the issue of implantable chips began in 2002 when the Jacobs family of Boca Raton, Florida, were all implanted with a VeriChip containing their personal information for health and security reasons, as well as because the son Derek fantasized “about merging humans and machines.” NBC News’ Today Show even broadcast live footage of the family being surgically implanted with their chips.


In 2004, MSNBC reported that the Mexican attorney general and his staff of 160 people had “been implanted with microchips that get them access to secure areas of their headquarters.”


Last year, CNN ran a story promoting the idea that in the future everybody will have a brain chip that will enable a third party to control their behavior.


Top futurists like Ray Kurzweil have confidently predicted that by 2029, computers and cellphones will be implanted in people’s eyes and ears, creating a “human underclass” of people who refuse to adopt the technology that will be viewed as backwards and unproductive because of their resistance to embracing the singularity – man merging with machine.


Facebook @ https://www.facebook.com/paul.j.watson.71
FOLLOW Paul Joseph Watson @ https://twitter.com/PrisonPlanet


*********************


Paul Joseph Watson is the editor and writer for Infowars.com and Prison Planet.com. He is the author of Order Out Of Chaos. Watson is also a host for Infowars Nightly News.


This article was posted: Friday, October 18, 2013 at 6:27 am









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Monday, October 14, 2013

TSA Makes 82-Year-Old Breast Cancer Survivor Remove Her Prostheses

TSA Makes 82-Year-Old Breast Cancer Survivor Remove Her Prostheses
http://isbigbrotherwatchingyou.com/wp-content/uploads/2013/10/f09c2__nsa_spying__printer_famfamfam.gif


Jezebel
October 14, 2013


And she’s not the only one — there are 26 complaints on behalf of the elderly and people with disabilities who claim to have been abused by TSA agents at Phoenix’s Sky Harbor airport.


The Arizona Republic was able to find the TSA complaints using the Freedom of Information Act, and some of the stories are absolutely awful. For example, an 82-year-old woman in a wheelchair was going through security on her way to London when the metal detector beeped over her chest. She explained that she has a prosthesis and the TSA agents took some pretty harsh and invasive next steps:


Transportation Security Administration agents take the woman to a room and order her to take off her blouse. Then her bra. Then her prosthesis, which they examine. The elderly woman strips to her waist, with nothing to hide her scars.


“At her age and physical capability she posed absolutely no risk whatsoever to anyone’s safety and should not have been subjected to such invasive and (undignified) treatment,” the woman’s grandchild wrote in a formal complaint. “This sort of degrading treatment is more appropriate for prisoners.”



Full article here


This article was posted: Monday, October 14, 2013 at 12:01 pm









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Tuesday, August 27, 2013

Breast Squeezing for Charity (learn from japan)


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Breast Squeezing for Charity (learn from japan)

Thursday, August 15, 2013

Blood pressure meds more than double breast cancer risk






(NaturalNews) If you are a woman and you take calcium channel blockers like amlodipine (Norvasc) or nicardipine (Cardene) to manage your high blood pressure, you could be putting yourself at serious risk of developing breast cancer. This is according to a new study recently published in the journal, JAMA Internal Medicine, which found that women who take such drugs have about a 250 percent increased risk of developing some of the most common types of breast cancer compared to other women.

Dr. Christopher Li and his colleagues from the Fred Hutchinson Cancer Research Center in Seattle, Washington, learned this after evaluating several groups of women, some of whom currently have breast cancer and have been taking calcium channel blocker drugs for many years. Compared to women not taking the drugs, the drugged-up women were found to be significantly more likely to have either ductal or lobular breast cancer.


As covered by Reuters, the observational study involved nearly 3,000 women, 905 of whom had been diagnosed with ductal breast cancer between 2000 and 2008. Another 1,055 of the women had been diagnosed with lobular breast cancer during this time, while 891 are currently breast cancer-free and served as the control group. Among all the women, roughly 40 percent from each group had taken or are currently taking calcium channel blockers for high blood pressure.


After analyzing drug usage rates among all the groups and comparing this data to rates of breast cancer, the research team discovered that, compared to those without breast cancer, more than twice the number of women with either form of breast cancer had been taking calcium channel blockers for 10 years or longer. In the ductal and lobular breast cancer groups, the number of women taking calcium channel blockers for 10 years or longer was 25 and 26, respectively, while only 11 of the women in the cancer-free group had taken the drugs.


This calculates, of course, into a 2.4- to 2.6-fold increased risk of breast cancer among women who take calcium channel blockers, which is a significantly elevated risk. And while this data does not necessarily serve as undeniable proof that calcium channel blockers cause breast cancer, these shocking findings do suggest that the drugs, nearly a billion prescriptions of which were filled in the U.S. in 2010, deserve far more scrutiny from a safety standpoint.


“Characterizing the associations of … [calcium channel blockers] with the most common cancer in women is an important clinical and public health issue, particularly with the increasing availability of alternative options to manage hypertension,” said Dr. Li, lead author of the study, about the findings.



Though the exact mechanisms through which calcium channel blockers lead to higher rates of cancer is still not fully understood, researchers believe it may have something to do with the way the drugs affect the body’s natural ability to induce cancer cell death. According to reports, researchers familiar with the process say calcium channel blockers may increase intracellular calcium levels, which in turn prevents cancer cell apoptosis.

“Quantification of the potential relationships between use of these medications and breast cancer risk has the potential to aid clinical decision making regarding selection of antihypertensive agents for patients with hypertension, as the benefits and risks of potential medications are weighed,” added the authors in their conclusion, while at the same time recommending that women continue taking the drugs in question in order to avoid developing heart disease.


Sources for this article include:


http://news.yahoo.com


http://www.cancernetwork.com


http://www.boston.com


http://science.naturalnews.com


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Blood pressure meds more than double breast cancer risk

Sunday, June 16, 2013

Breast Cancer Patients Declare Victory as Supreme Court Bars Patenting of Human Genes



Transcript



This is a rush transcript. Copy may not be in its final form.



JUAN GONZ EZ: In a major victory for women’s health, the Supreme Court has unanimously ruled that isolated human genes may not be patented. The case concerned the firm Myriad Genetics’ patent on genes linked to higher risks of hereditary breast and ovarian cancer. The firm owned patents to a gene called BRCA1, or Breast Cancer One, and a similar gene called BRCA2, meaning it had the authority to stop all research on those genes and was the only company that could conduct life-saving tests revealing if women had mutations in those genes.


AMY GOODMAN: On Thursday, the Supreme Court sided with the American Civil Liberties Union in saying Myriad Genetics’ discovery of the precise location and sequence of the genes did not constitute a “human-made invention” eligible for patenting. The ACLU and the Public Patent Foundation filed the case four years ago on behalf of 20 plaintiffs, including organizations representing over 150,000 medical professionals, geneticists, breast cancer and women’s health advocacy groups, and patients. They made this video to raise awareness.


ACLU VIDEO: Right now, a private company called Myriad Genetics owns a piece of your body. That’s a really bad idea. It patented two genes: Breast Cancer One and Two, or BRCA1 and 2. Certain mutations on these genes give women a strong chance of getting breast or ovarian cancer. The problem is Myriad Genetics says, because of the patents, it’s the only one allowed to test these genes. That’s more than a bad idea. The law says no one can get a patent on products of nature or laws of nature. But Myriad says, once it removes the genes from your body, it owns them. That’s not how the law works.



JUAN GONZÁLEZ: The issue of genetic testing for inherited health risks gained publicity last month when actress Angelina Jolie revealed she underwent a double mastectomy after finding out she had a roughly 87 percent chance of developing breast cancer. In an op-ed piece for The New York Times, Jolie wrote, quote, “I hope that other women can benefit from my experience. Cancer is still a word that strikes fear into people’s hearts, producing a deep sense of powerlessness. But today it is possible to find out through a blood test whether you are highly susceptible to breast and ovarian cancer, and then take action.” Jolie said the cost of testing, at more than $ 3,000 in the United States, remained an obstacle for many women.


AMY GOODMAN: Democracy Now! invited Myriad Genetics to join us on the show, but they declined. When we spoke to company spokesperson Ron Rogers on the phone, he insisted Myriad Genetics offered life-saving genetic testing at an affordable cost.


RON ROGERS: For patients in need, Myriad does provide free testing or financial assistance, depending on the patient’s level of need. So we do have patient assistance programs that patients who are uninsured or who are in financial need can access and to help them get the test. But the vast majority of patients will be able to get this test with no out-of-pocket expense at all. And for those in private insurance plans that are not yet under the umbrella of the Affordable Care Act—and eventually they probably all will be, but for those that are not yet under that umbrella, the average out-of-pocket cost is $ 92. So, it’s much—it’s far fewer than 1 percent of patients that ever have to pay list price for the test, right? I mean, that’s just not—I mean, it’s not even half of 1 percent of patients that have to do that.



JUAN GONZÁLEZ: That was Ron Rogers, spokesperson for Myriad Genetics.


Well, our next guest had quite a difference experience when she tried to get the gene test through his company. We go now to Boston, where we’re joined by Lisbeth Ceriani. She was one of the plaintiffs in the ACLU lawsuit. In 2008, she was diagnosed with an aggressive form of breast cancer. Her oncologist noted she was also at high risk for developing ovarian cancer, and recommended she get the BRCA genetic test. But due to patent laws, the test was prohibitively expensive even though she was insured by MassHealth at the time.


We’re also joined by Sandra Park, a senior attorney with the ACLU’s Women’s Rights Project. She’s one of the lead counsels in the Supreme Court case on gene patenting.


AMY GOODMAN: And in London, we’re joined by Judge Robert Sweet, senior federal judge for the Southern District of New York. He ruled against Myriad Genetics in 2010 and invalidated their patents on the BRCA1 and 2 genes in this case the Supreme Court just ruled on.


We welcome you all to Democracy Now! Judge Sweet, let’s begin with you. This certainly is a victory, the upholding of your decision. How significant is it, nine to zero?


JUDGE ROBERT SWEET: Well, I think the principle that’s enunciated by Justice Thomas’s opinion is a very powerful one. And I think it will have an immediate effect on people like those represented by the plaintiffs’ groups and so on. But the court itself recognized that the study of genomics is one of the leading areas of research in the United States, and it’s very important to everybody’s health. This decision, I believe, will free up the ability of researchers and others to experiment, to deal with genome—genomes, generally. And that, I think, will expand the area of knowledge and research. So I think it’s a very important decision. It’s one that, frankly, I just feel so delighted that I was able to have a part in it, because I think this issue of knowledge and the freedom of genomic knowledge is something that will be critical in the years to come.


JUAN GONZÁLEZ: And, Judge Sweet, the high court’s decision did make a distinction between the patenting of genes that exist in nature versus ones that are somehow or other altered by a firm in the process of their own scientific experimentation.


JUDGE ROBERT SWEET: Yes. I think it really is a simple but an elegant decision, because the court has made it clear that there are areas in research that can perhaps be patented. That’s for another day, with respect to each one. But that is because they have made a change in the gene. And it’s that change—so, the court has not closed down the ability of people to advance medical research through patents, but at the same time, it has made it clear that the—that no one can patent a genome in itself. So that, I think, will open up a greater ability of people to obtain information on the BRCA1 and 2, and it will also enhance the ability of the researchers to deal with genomic research, which is now, as I understand, not only a question of one genome, but the effect genomes on each other. So that freedom, I think, is very important.


AMY GOODMAN: And BRCA1 and 2 is also pronounced “brack one and two.” Lisbeth Ceriani, yours is one of the cases that led to this Supreme Court decision, that first Judge Sweet ruled on, and then the Supreme Court ruled on. Very briefly, if you could tell us your story?


LISBETH CERIANI: Sure. I had difficulty obtaining the BRCA analysis test because I was told by the genetic counselor that they wouldn’t accept my insurance, that my insurance wouldn’t cover it, actually. When I contacted my insurer, they said they would cover it if it was provided by a contracted lab. And I contacted Myriad and said, “Please contract with my insurance.” And that wasn’t happening. They chose not to contract with my insurance, which was at the time Massachusetts MassHealth. And, you know, that was within their right, but, as you know, the test was extremely expensive, so it did take over a year and a half for me to finally access the test through a grant, luckily.


JUAN GONZÁLEZ: Well, you heard the spokesman for Myriad say that very few people actually have to pay list price. And he, Ron Rogers, yesterday insisted his company made the gene test highly accessible.


RON ROGERS: Let’s take a step back and talk about access to the test. The BRCA analysis test for hereditary breast and ovarian cancer is very widely accessible. In fact, essentially all private insurance companies, Medicare and Medicaid provide reimbursement for at-risk patients for BRCA analysis. And also, because of the Affordable Care Act—some people refer to it as “Obamacare”—under the preventive care provisions of the Affordable Care Act, patients can actually get the BRCA analysis test without any out-of-pocket cost, meaning no copayment, no deductible. So they can get the test with no cost at all. For the private insurance plans—and there’s still a small percentage of the private insurance plans that are not yet under the umbrella of the Affordable Care Act—for those private insurance plans, the average out-of-pocket cost for the patient is $ 92, so it’s less than $ 100.



JUAN GONZÁLEZ: Could you respond to that?


LISBETH CERIANI: In my case, it would have been close to $ 4,000 for me to access the test in 2009. They were—Myriad was choosing not to contract with Massachusetts Medicaid at the time. And many negotiations went back and forth between the contracting people with MassHealth and the contracting people at Myriad. So, in my case, it would have been close to $ 4,000. And apparently, they weren’t allowed to offer me any financial—financial deals on the price, because I did have MassHealth, so they were prohibited from offering me any financial discounts. So that was just prohibitive for me to pay at that time. So, luckily, I was able to access a grant in enough time to get the information I needed in order to assess whether I had an increased risk of developing ovarian cancer. And in my case, it turned out I did have a rare mutation, so it was lucky I was able to access the test when I did, but it did take over a year and a half for me, actively working on it like a part-time job. And I just knew that there were other women, who—definitely other women in Massachusetts with the same issues.


AMY GOODMAN: Sandra Park, you were a part of the team that argued this before the Supreme Court. The significance of this victory?


SANDRA PARK: It’s a huge victory. I think that what we had up to this point is a company that monopolized two human genes—genes that we all have in our bodies—and with that monopoly, dictated the terms of testing. So what you’ve heard from Lisbeth is they decide what the price was, with absolutely no competition. And they also decide which mutations that are looked for. They decide the quality of the test.


And what we now know is that there are many laboratories that are fully capable of offering this kind of testing, that would offer it in very different ways, so that they would be looking at the many genes that are connected with breast and ovarian cancer, and not just screening two. And so, with the ruling today, we fully expect much better access and much better options for patients, as well as for scientists who want to look at different parts of the genome. They no longer now need to deal with patents on the thousands of genes on our genome when they’re engaging in their scientific work.


JUAN GONZÁLEZ: And the direct impact immediately of this decision in terms of the availability of testing, not only for this, because this obviously has ramifications beyond these two particular genes, in terms of what’s going to happen in the industry?


SANDRA PARK: Right. Well, with these two genes, we’ve already heard two or three different laboratories have announced they plan to offer testing on the BRCA genes within the year. So it’s already had that immediate effect. But you’re absolutely right, the patent office has issued patents on thousands of human genes connected with diseases like muscular dystrophy, colon cancer. And so, what we expect to see is that patents on those genes will—are seriously under question with the ruling, and more options will become available.


AMY GOODMAN: I wanted to turn to Myriad Genetics’ lawyer, Gregory Castanias, tried to suggest patenting a gene is much like patenting a baseball bat. This is during oral arguments. He said a baseball bat doesn’t exist unless it’s isolated from a tree, but it’s still a product of human invention. Chief Justice Roberts took issue with the argument.


CHIEF JUSTICE JOHN ROBERTS: My understanding is that here what’s involved—obviously, through scientific processes, but we’re not talking about process—here what’s involved is snipping. You’ve got the thing there, and you snip—snip off the top, and you snip off the bottom, and there you’ve got it. The baseball bat is quite different. You don’t look at a tree and say, “Well, I’ll cut the branch here and cut it here, and all of a sudden I’ve got a baseball bat.” You have to invent it, if you will. You don’t have to invent the particular segment of the strand; you just have to cut it off.



AMY GOODMAN: During the hearing, Justice Sonia Sotomayor questioned Myriad Genetics’ lawyer. She compared patenting a gene to someone trying to patent the ingredients used to make chocolate chip cookies, such as sugar and flour.


JUSTICE SONIA SOTOMAYOR: I can bake a chocolate chip cookie using natural ingredients—salt, flour, eggs, butter. And I create my chocolate chip cookie. And if I combust those in some new way, I can get a patent on that. But I can’t imagine getting a patent simply on the basic items of salt, flour and eggs, simply because I’ve created a new use or a new product from those ingredients.



GREGORY CASTANIAS: And that’s—



JUSTICE SONIA SOTOMAYOR: Explain to me—



GREGORY CASTANIAS: Sure.



JUSTICE SONIA SOTOMAYOR: —why gene sequences, whether in the actual numbers, why gene sequences are not those basic products that you can’t patent.



GREGORY CASTANIAS: OK. I’ll start by showing you how this is actually a different structure. It actually has an entirely different chemical name when you give it the C—



JUSTICE SONIA SOTOMAYOR: That’s the cDNA.



GREGORY CASTANIAS: No, no, no. That’s absolutely true with regard—



JUSTICE SONIA SOTOMAYOR: Oh, only if your—



GREGORY CASTANIAS: —to the isolated molecule, as well, because if you were to write it out in those interminable chemical equations that you had to do in high school—



JUSTICE SONIA SOTOMAYOR: So, I put—



GREGORY CASTANIAS: —it’s a “C” very different, “H” very different.



JUSTICE SONIA SOTOMAYOR: I put salt in flour, and that’s different?



GREGORY CASTANIAS: Well, that is—



JUSTICE SONIA SOTOMAYOR: That’s—



GREGORY CASTANIAS: That is a combination, yes, of two different things. And that’s sort of like—that’s sort of like—



JUSTICE SONIA SOTOMAYOR: So if I take them apart, now you can get a patent on the salt, and now you can get a patent on the flour?



GREGORY CASTANIAS: Well, they were apart before, and they—but they were both old. That’s the problem with using the really simplistic analogies, with all due respect, Your Honor.



AMY GOODMAN: That was Justice Sonia Sotomayor questioning Myriad Genetics’ lawyer. Judge Sweet, your response on the significance of this ruling?


JUDGE ROBERT SWEET: Well, what the fundamental issue was—the issue was: Can you patent something that is a product of nature? Can you patent gold, and—for example? And what this decision has affirmed is that there are things in nature that cannot be patented. And one of those things in nature is your genome. It is a peculiar development that is natural. It is not the product of any outside influence. It is your genome, and that can’t be patented.


So the issue really is the extent to which your genome can be, if you will, grasped for some other purpose. And I think the court—I attended the argument. The justices were marvelously attentive. And I think the simple, direct and powerful nine-to-nothing decision indicates that they believe the genome is something that is important to be, if you will—not using it in a legal sense—but free. And it will make a difference, I believe, both in terms of availability for those who want the tests and also in terms of research. So, my view of it is that it is quite an—well, I know it’s an important and long-range decision. And—


AMY GOODMAN: Judge Robert Sweet, we’re going to have to leave it—we’re going to leave it there, and I thank you so much for being with us. Also, I know your clerks just got together and celebrated your 90th birthday. Happy birthday, Judge Robert Sweet. Also, thanks so much to Sandra Park and Lisbeth Ceriani.




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Democracy Now!

Breast Cancer Patients Declare Victory as Supreme Court Bars Patenting of Human Genes

Saturday, June 15, 2013

Breast Cancer Patients Declare Victory as Supreme Court Bars Patenting of Human Genes



Transcript



This is a rush transcript. Copy may not be in its final form.



JUAN GONZÁLEZ: In a major victory for women’s health, the Supreme Court has unanimously ruled that isolated human genes may not be patented. The case concerned the firm Myriad Genetics’ patent on genes linked to higher risks of hereditary breast and ovarian cancer. The firm owned patents to a gene called BRCA1, or Breast Cancer One, and a similar gene called BRCA2, meaning it had the authority to stop all research on those genes and was the only company that could conduct life-saving tests revealing if women had mutations in those genes.


AMY GOODMAN: On Thursday, the Supreme Court sided with the American Civil Liberties Union in saying Myriad Genetics’ discovery of the precise location and sequence of the genes did not constitute a “human-made invention” eligible for patenting. The ACLU and the Public Patent Foundation filed the case four years ago on behalf of 20 plaintiffs, including organizations representing over 150,000 medical professionals, geneticists, breast cancer and women’s health advocacy groups, and patients. They made this video to raise awareness.


ACLU VIDEO: Right now, a private company called Myriad Genetics owns a piece of your body. That’s a really bad idea. It patented two genes: Breast Cancer One and Two, or BRCA1 and 2. Certain mutations on these genes give women a strong chance of getting breast or ovarian cancer. The problem is Myriad Genetics says, because of the patents, it’s the only one allowed to test these genes. That’s more than a bad idea. The law says no one can get a patent on products of nature or laws of nature. But Myriad says, once it removes the genes from your body, it owns them. That’s not how the law works.



JUAN GONZÁLEZ: The issue of genetic testing for inherited health risks gained publicity last month when actress Angelina Jolie revealed she underwent a double mastectomy after finding out she had a roughly 87 percent chance of developing breast cancer. In an op-ed piece for The New York Times, Jolie wrote, quote, “I hope that other women can benefit from my experience. Cancer is still a word that strikes fear into people’s hearts, producing a deep sense of powerlessness. But today it is possible to find out through a blood test whether you are highly susceptible to breast and ovarian cancer, and then take action.” Jolie said the cost of testing, at more than $ 3,000 in the United States, remained an obstacle for many women.


AMY GOODMAN: Democracy Now! invited Myriad Genetics to join us on the show, but they declined. When we spoke to company spokesperson Ron Rogers on the phone, he insisted Myriad Genetics offered life-saving genetic testing at an affordable cost.


RON ROGERS: For patients in need, Myriad does provide free testing or financial assistance, depending on the patient’s level of need. So we do have patient assistance programs that patients who are uninsured or who are in financial need can access and to help them get the test. But the vast majority of patients will be able to get this test with no out-of-pocket expense at all. And for those in private insurance plans that are not yet under the umbrella of the Affordable Care Act—and eventually they probably all will be, but for those that are not yet under that umbrella, the average out-of-pocket cost is $ 92. So, it’s much—it’s far fewer than 1 percent of patients that ever have to pay list price for the test, right? I mean, that’s just not—I mean, it’s not even half of 1 percent of patients that have to do that.



JUAN GONZÁLEZ: That was Ron Rogers, spokesperson for Myriad Genetics.


Well, our next guest had quite a difference experience when she tried to get the gene test through his company. We go now to Boston, where we’re joined by Lisbeth Ceriani. She was one of the plaintiffs in the ACLU lawsuit. In 2008, she was diagnosed with an aggressive form of breast cancer. Her oncologist noted she was also at high risk for developing ovarian cancer, and recommended she get the BRCA genetic test. But due to patent laws, the test was prohibitively expensive even though she was insured by MassHealth at the time.


We’re also joined by Sandra Park, a senior attorney with the ACLU’s Women’s Rights Project. She’s one of the lead counsels in the Supreme Court case on gene patenting.


AMY GOODMAN: And in London, we’re joined by Judge Robert Sweet, senior federal judge for the Southern District of New York. He ruled against Myriad Genetics in 2010 and invalidated their patents on the BRCA1 and 2 genes in this case the Supreme Court just ruled on.


We welcome you all to Democracy Now! Judge Sweet, let’s begin with you. This certainly is a victory, the upholding of your decision. How significant is it, nine to zero?


JUDGE ROBERT SWEET: Well, I think the principle that’s enunciated by Justice Thomas’s opinion is a very powerful one. And I think it will have an immediate effect on people like those represented by the plaintiffs’ groups and so on. But the court itself recognized that the study of genomics is one of the leading areas of research in the United States, and it’s very important to everybody’s health. This decision, I believe, will free up the ability of researchers and others to experiment, to deal with genome—genomes, generally. And that, I think, will expand the area of knowledge and research. So I think it’s a very important decision. It’s one that, frankly, I just feel so delighted that I was able to have a part in it, because I think this issue of knowledge and the freedom of genomic knowledge is something that will be critical in the years to come.


JUAN GONZÁLEZ: And, Judge Sweet, the high court’s decision did make a distinction between the patenting of genes that exist in nature versus ones that are somehow or other altered by a firm in the process of their own scientific experimentation.


JUDGE ROBERT SWEET: Yes. I think it really is a simple but an elegant decision, because the court has made it clear that there are areas in research that can perhaps be patented. That’s for another day, with respect to each one. But that is because they have made a change in the gene. And it’s that change—so, the court has not closed down the ability of people to advance medical research through patents, but at the same time, it has made it clear that the—that no one can patent a genome in itself. So that, I think, will open up a greater ability of people to obtain information on the BRCA1 and 2, and it will also enhance the ability of the researchers to deal with genomic research, which is now, as I understand, not only a question of one genome, but the effect genomes on each other. So that freedom, I think, is very important.


AMY GOODMAN: And BRCA1 and 2 is also pronounced “brack one and two.” Lisbeth Ceriani, yours is one of the cases that led to this Supreme Court decision, that first Judge Sweet ruled on, and then the Supreme Court ruled on. Very briefly, if you could tell us your story?


LISBETH CERIANI: Sure. I had difficulty obtaining the BRCA analysis test because I was told by the genetic counselor that they wouldn’t accept my insurance, that my insurance wouldn’t cover it, actually. When I contacted my insurer, they said they would cover it if it was provided by a contracted lab. And I contacted Myriad and said, “Please contract with my insurance.” And that wasn’t happening. They chose not to contract with my insurance, which was at the time Massachusetts MassHealth. And, you know, that was within their right, but, as you know, the test was extremely expensive, so it did take over a year and a half for me to finally access the test through a grant, luckily.


JUAN GONZÁLEZ: Well, you heard the spokesman for Myriad say that very few people actually have to pay list price. And he, Ron Rogers, yesterday insisted his company made the gene test highly accessible.


RON ROGERS: Let’s take a step back and talk about access to the test. The BRCA analysis test for hereditary breast and ovarian cancer is very widely accessible. In fact, essentially all private insurance companies, Medicare and Medicaid provide reimbursement for at-risk patients for BRCA analysis. And also, because of the Affordable Care Act—some people refer to it as “Obamacare”—under the preventive care provisions of the Affordable Care Act, patients can actually get the BRCA analysis test without any out-of-pocket cost, meaning no copayment, no deductible. So they can get the test with no cost at all. For the private insurance plans—and there’s still a small percentage of the private insurance plans that are not yet under the umbrella of the Affordable Care Act—for those private insurance plans, the average out-of-pocket cost for the patient is $ 92, so it’s less than $ 100.



JUAN GONZÁLEZ: Could you respond to that?


LISBETH CERIANI: In my case, it would have been close to $ 4,000 for me to access the test in 2009. They were—Myriad was choosing not to contract with Massachusetts Medicaid at the time. And many negotiations went back and forth between the contracting people with MassHealth and the contracting people at Myriad. So, in my case, it would have been close to $ 4,000. And apparently, they weren’t allowed to offer me any financial—financial deals on the price, because I did have MassHealth, so they were prohibited from offering me any financial discounts. So that was just prohibitive for me to pay at that time. So, luckily, I was able to access a grant in enough time to get the information I needed in order to assess whether I had an increased risk of developing ovarian cancer. And in my case, it turned out I did have a rare mutation, so it was lucky I was able to access the test when I did, but it did take over a year and a half for me, actively working on it like a part-time job. And I just knew that there were other women, who—definitely other women in Massachusetts with the same issues.


AMY GOODMAN: Sandra Park, you were a part of the team that argued this before the Supreme Court. The significance of this victory?


SANDRA PARK: It’s a huge victory. I think that what we had up to this point is a company that monopolized two human genes—genes that we all have in our bodies—and with that monopoly, dictated the terms of testing. So what you’ve heard from Lisbeth is they decide what the price was, with absolutely no competition. And they also decide which mutations that are looked for. They decide the quality of the test.


And what we now know is that there are many laboratories that are fully capable of offering this kind of testing, that would offer it in very different ways, so that they would be looking at the many genes that are connected with breast and ovarian cancer, and not just screening two. And so, with the ruling today, we fully expect much better access and much better options for patients, as well as for scientists who want to look at different parts of the genome. They no longer now need to deal with patents on the thousands of genes on our genome when they’re engaging in their scientific work.


JUAN GONZÁLEZ: And the direct impact immediately of this decision in terms of the availability of testing, not only for this, because this obviously has ramifications beyond these two particular genes, in terms of what’s going to happen in the industry?


SANDRA PARK: Right. Well, with these two genes, we’ve already heard two or three different laboratories have announced they plan to offer testing on the BRCA genes within the year. So it’s already had that immediate effect. But you’re absolutely right, the patent office has issued patents on thousands of human genes connected with diseases like muscular dystrophy, colon cancer. And so, what we expect to see is that patents on those genes will—are seriously under question with the ruling, and more options will become available.


AMY GOODMAN: I wanted to turn to Myriad Genetics’ lawyer, Gregory Castanias, tried to suggest patenting a gene is much like patenting a baseball bat. This is during oral arguments. He said a baseball bat doesn’t exist unless it’s isolated from a tree, but it’s still a product of human invention. Chief Justice Roberts took issue with the argument.


CHIEF JUSTICE JOHN ROBERTS: My understanding is that here what’s involved—obviously, through scientific processes, but we’re not talking about process—here what’s involved is snipping. You’ve got the thing there, and you snip—snip off the top, and you snip off the bottom, and there you’ve got it. The baseball bat is quite different. You don’t look at a tree and say, “Well, I’ll cut the branch here and cut it here, and all of a sudden I’ve got a baseball bat.” You have to invent it, if you will. You don’t have to invent the particular segment of the strand; you just have to cut it off.



AMY GOODMAN: During the hearing, Justice Sonia Sotomayor questioned Myriad Genetics’ lawyer. She compared patenting a gene to someone trying to patent the ingredients used to make chocolate chip cookies, such as sugar and flour.


JUSTICE SONIA SOTOMAYOR: I can bake a chocolate chip cookie using natural ingredients—salt, flour, eggs, butter. And I create my chocolate chip cookie. And if I combust those in some new way, I can get a patent on that. But I can’t imagine getting a patent simply on the basic items of salt, flour and eggs, simply because I’ve created a new use or a new product from those ingredients.



GREGORY CASTANIAS: And that’s—



JUSTICE SONIA SOTOMAYOR: Explain to me—



GREGORY CASTANIAS: Sure.



JUSTICE SONIA SOTOMAYOR: —why gene sequences, whether in the actual numbers, why gene sequences are not those basic products that you can’t patent.



GREGORY CASTANIAS: OK. I’ll start by showing you how this is actually a different structure. It actually has an entirely different chemical name when you give it the C—



JUSTICE SONIA SOTOMAYOR: That’s the cDNA.



GREGORY CASTANIAS: No, no, no. That’s absolutely true with regard—



JUSTICE SONIA SOTOMAYOR: Oh, only if your—



GREGORY CASTANIAS: —to the isolated molecule, as well, because if you were to write it out in those interminable chemical equations that you had to do in high school—



JUSTICE SONIA SOTOMAYOR: So, I put—



GREGORY CASTANIAS: —it’s a “C” very different, “H” very different.



JUSTICE SONIA SOTOMAYOR: I put salt in flour, and that’s different?



GREGORY CASTANIAS: Well, that is—



JUSTICE SONIA SOTOMAYOR: That’s—



GREGORY CASTANIAS: That is a combination, yes, of two different things. And that’s sort of like—that’s sort of like—



JUSTICE SONIA SOTOMAYOR: So if I take them apart, now you can get a patent on the salt, and now you can get a patent on the flour?



GREGORY CASTANIAS: Well, they were apart before, and they—but they were both old. That’s the problem with using the really simplistic analogies, with all due respect, Your Honor.



AMY GOODMAN: That was Justice Sonia Sotomayor questioning Myriad Genetics’ lawyer. Judge Sweet, your response on the significance of this ruling?


JUDGE ROBERT SWEET: Well, what the fundamental issue was—the issue was: Can you patent something that is a product of nature? Can you patent gold, and—for example? And what this decision has affirmed is that there are things in nature that cannot be patented. And one of those things in nature is your genome. It is a peculiar development that is natural. It is not the product of any outside influence. It is your genome, and that can’t be patented.


So the issue really is the extent to which your genome can be, if you will, grasped for some other purpose. And I think the court—I attended the argument. The justices were marvelously attentive. And I think the simple, direct and powerful nine-to-nothing decision indicates that they believe the genome is something that is important to be, if you will—not using it in a legal sense—but free. And it will make a difference, I believe, both in terms of availability for those who want the tests and also in terms of research. So, my view of it is that it is quite an—well, I know it’s an important and long-range decision. And—


AMY GOODMAN: Judge Robert Sweet, we’re going to have to leave it—we’re going to leave it there, and I thank you so much for being with us. Also, I know your clerks just got together and celebrated your 90th birthday. Happy birthday, Judge Robert Sweet. Also, thanks so much to Sandra Park and Lisbeth Ceriani.




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Democracy Now!

Breast Cancer Patients Declare Victory as Supreme Court Bars Patenting of Human Genes

Friday, June 14, 2013

Breast Cancer Patients Declare Victory as Supreme Court Bars Patenting of Human Genes



Transcript



This is a rush transcript. Copy may not be in its final form.



JUAN GONZÁLEZ: In a major victory for women’s health, the Supreme Court has unanimously ruled that isolated human genes may not be patented. The case concerned the firm Myriad Genetics’ patent on genes linked to higher risks of hereditary breast and ovarian cancer. The firm owned patents to a gene called BRCA1, or Breast Cancer One, and a similar gene called BRCA2, meaning it had the authority to stop all research on those genes and was the only company that could conduct life-saving tests revealing if women had mutations in those genes.


AMY GOODMAN: On Thursday, the Supreme Court sided with the American Civil Liberties Union in saying Myriad Genetics’ discovery of the precise location and sequence of the genes did not constitute a “human-made invention” eligible for patenting. The ACLU and the Public Patent Foundation filed the case four years ago on behalf of 20 plaintiffs, including organizations representing over 150,000 medical professionals, geneticists, breast cancer and women’s health advocacy groups, and patients. They made this video to raise awareness.


ACLU VIDEO: Right now, a private company called Myriad Genetics owns a piece of your body. That’s a really bad idea. It patented two genes: Breast Cancer One and Two, or BRCA1 and 2. Certain mutations on these genes give women a strong chance of getting breast or ovarian cancer. The problem is Myriad Genetics says, because of the patents, it’s the only one allowed to test these genes. That’s more than a bad idea. The law says no one can get a patent on products of nature or laws of nature. But Myriad says, once it removes the genes from your body, it owns them. That’s not how the law works.



JUAN GONZÁLEZ: The issue of genetic testing for inherited health risks gained publicity last month when actress Angelina Jolie revealed she underwent a double mastectomy after finding out she had a roughly 87 percent chance of developing breast cancer. In an op-ed piece for The New York Times, Jolie wrote, quote, “I hope that other women can benefit from my experience. Cancer is still a word that strikes fear into people’s hearts, producing a deep sense of powerlessness. But today it is possible to find out through a blood test whether you are highly susceptible to breast and ovarian cancer, and then take action.” Jolie said the cost of testing, at more than $ 3,000 in the United States, remained an obstacle for many women.


AMY GOODMAN: Democracy Now! invited Myriad Genetics to join us on the show, but they declined. When we spoke to company spokesperson Ron Rogers on the phone, he insisted Myriad Genetics offered life-saving genetic testing at an affordable cost.


RON ROGERS: For patients in need, Myriad does provide free testing or financial assistance, depending on the patient’s level of need. So we do have patient assistance programs that patients who are uninsured or who are in financial need can access and to help them get the test. But the vast majority of patients will be able to get this test with no out-of-pocket expense at all. And for those in private insurance plans that are not yet under the umbrella of the Affordable Care Act—and eventually they probably all will be, but for those that are not yet under that umbrella, the average out-of-pocket cost is $ 92. So, it’s much—it’s far fewer than 1 percent of patients that ever have to pay list price for the test, right? I mean, that’s just not—I mean, it’s not even half of 1 percent of patients that have to do that.



JUAN GONZÁLEZ: That was Ron Rogers, spokesperson for Myriad Genetics.


Well, our next guest had quite a difference experience when she tried to get the gene test through his company. We go now to Boston, where we’re joined by Lisbeth Ceriani. She was one of the plaintiffs in the ACLU lawsuit. In 2008, she was diagnosed with an aggressive form of breast cancer. Her oncologist noted she was also at high risk for developing ovarian cancer, and recommended she get the BRCA genetic test. But due to patent laws, the test was prohibitively expensive even though she was insured by MassHealth at the time.


We’re also joined by Sandra Park, a senior attorney with the ACLU’s Women’s Rights Project. She’s one of the lead counsels in the Supreme Court case on gene patenting.


AMY GOODMAN: And in London, we’re joined by Judge Robert Sweet, senior federal judge for the Southern District of New York. He ruled against Myriad Genetics in 2010 and invalidated their patents on the BRCA1 and 2 genes in this case the Supreme Court just ruled on.


We welcome you all to Democracy Now! Judge Sweet, let’s begin with you. This certainly is a victory, the upholding of your decision. How significant is it, nine to zero?


JUDGE ROBERT SWEET: Well, I think the principle that’s enunciated by Justice Thomas’s opinion is a very powerful one. And I think it will have an immediate effect on people like those represented by the plaintiffs’ groups and so on. But the court itself recognized that the study of genomics is one of the leading areas of research in the United States, and it’s very important to everybody’s health. This decision, I believe, will free up the ability of researchers and others to experiment, to deal with genome—genomes, generally. And that, I think, will expand the area of knowledge and research. So I think it’s a very important decision. It’s one that, frankly, I just feel so delighted that I was able to have a part in it, because I think this issue of knowledge and the freedom of genomic knowledge is something that will be critical in the years to come.


JUAN GONZÁLEZ: And, Judge Sweet, the high court’s decision did make a distinction between the patenting of genes that exist in nature versus ones that are somehow or other altered by a firm in the process of their own scientific experimentation.


JUDGE ROBERT SWEET: Yes. I think it really is a simple but an elegant decision, because the court has made it clear that there are areas in research that can perhaps be patented. That’s for another day, with respect to each one. But that is because they have made a change in the gene. And it’s that change—so, the court has not closed down the ability of people to advance medical research through patents, but at the same time, it has made it clear that the—that no one can patent a genome in itself. So that, I think, will open up a greater ability of people to obtain information on the BRCA1 and 2, and it will also enhance the ability of the researchers to deal with genomic research, which is now, as I understand, not only a question of one genome, but the effect genomes on each other. So that freedom, I think, is very important.


AMY GOODMAN: And BRCA1 and 2 is also pronounced “brack one and two.” Lisbeth Ceriani, yours is one of the cases that led to this Supreme Court decision, that first Judge Sweet ruled on, and then the Supreme Court ruled on. Very briefly, if you could tell us your story?


LISBETH CERIANI: Sure. I had difficulty obtaining the BRCA analysis test because I was told by the genetic counselor that they wouldn’t accept my insurance, that my insurance wouldn’t cover it, actually. When I contacted my insurer, they said they would cover it if it was provided by a contracted lab. And I contacted Myriad and said, “Please contract with my insurance.” And that wasn’t happening. They chose not to contract with my insurance, which was at the time Massachusetts MassHealth. And, you know, that was within their right, but, as you know, the test was extremely expensive, so it did take over a year and a half for me to finally access the test through a grant, luckily.


JUAN GONZÁLEZ: Well, you heard the spokesman for Myriad say that very few people actually have to pay list price. And he, Ron Rogers, yesterday insisted his company made the gene test highly accessible.


RON ROGERS: Let’s take a step back and talk about access to the test. The BRCA analysis test for hereditary breast and ovarian cancer is very widely accessible. In fact, essentially all private insurance companies, Medicare and Medicaid provide reimbursement for at-risk patients for BRCA analysis. And also, because of the Affordable Care Act—some people refer to it as “Obamacare”—under the preventive care provisions of the Affordable Care Act, patients can actually get the BRCA analysis test without any out-of-pocket cost, meaning no copayment, no deductible. So they can get the test with no cost at all. For the private insurance plans—and there’s still a small percentage of the private insurance plans that are not yet under the umbrella of the Affordable Care Act—for those private insurance plans, the average out-of-pocket cost for the patient is $ 92, so it’s less than $ 100.



JUAN GONZÁLEZ: Could you respond to that?


LISBETH CERIANI: In my case, it would have been close to $ 4,000 for me to access the test in 2009. They were—Myriad was choosing not to contract with Massachusetts Medicaid at the time. And many negotiations went back and forth between the contracting people with MassHealth and the contracting people at Myriad. So, in my case, it would have been close to $ 4,000. And apparently, they weren’t allowed to offer me any financial—financial deals on the price, because I did have MassHealth, so they were prohibited from offering me any financial discounts. So that was just prohibitive for me to pay at that time. So, luckily, I was able to access a grant in enough time to get the information I needed in order to assess whether I had an increased risk of developing ovarian cancer. And in my case, it turned out I did have a rare mutation, so it was lucky I was able to access the test when I did, but it did take over a year and a half for me, actively working on it like a part-time job. And I just knew that there were other women, who—definitely other women in Massachusetts with the same issues.


AMY GOODMAN: Sandra Park, you were a part of the team that argued this before the Supreme Court. The significance of this victory?


SANDRA PARK: It’s a huge victory. I think that what we had up to this point is a company that monopolized two human genes—genes that we all have in our bodies—and with that monopoly, dictated the terms of testing. So what you’ve heard from Lisbeth is they decide what the price was, with absolutely no competition. And they also decide which mutations that are looked for. They decide the quality of the test.


And what we now know is that there are many laboratories that are fully capable of offering this kind of testing, that would offer it in very different ways, so that they would be looking at the many genes that are connected with breast and ovarian cancer, and not just screening two. And so, with the ruling today, we fully expect much better access and much better options for patients, as well as for scientists who want to look at different parts of the genome. They no longer now need to deal with patents on the thousands of genes on our genome when they’re engaging in their scientific work.


JUAN GONZÁLEZ: And the direct impact immediately of this decision in terms of the availability of testing, not only for this, because this obviously has ramifications beyond these two particular genes, in terms of what’s going to happen in the industry?


SANDRA PARK: Right. Well, with these two genes, we’ve already heard two or three different laboratories have announced they plan to offer testing on the BRCA genes within the year. So it’s already had that immediate effect. But you’re absolutely right, the patent office has issued patents on thousands of human genes connected with diseases like muscular dystrophy, colon cancer. And so, what we expect to see is that patents on those genes will—are seriously under question with the ruling, and more options will become available.


AMY GOODMAN: I wanted to turn to Myriad Genetics’ lawyer, Gregory Castanias, tried to suggest patenting a gene is much like patenting a baseball bat. This is during oral arguments. He said a baseball bat doesn’t exist unless it’s isolated from a tree, but it’s still a product of human invention. Chief Justice Roberts took issue with the argument.


CHIEF JUSTICE JOHN ROBERTS: My understanding is that here what’s involved—obviously, through scientific processes, but we’re not talking about process—here what’s involved is snipping. You’ve got the thing there, and you snip—snip off the top, and you snip off the bottom, and there you’ve got it. The baseball bat is quite different. You don’t look at a tree and say, “Well, I’ll cut the branch here and cut it here, and all of a sudden I’ve got a baseball bat.” You have to invent it, if you will. You don’t have to invent the particular segment of the strand; you just have to cut it off.



AMY GOODMAN: During the hearing, Justice Sonia Sotomayor questioned Myriad Genetics’ lawyer. She compared patenting a gene to someone trying to patent the ingredients used to make chocolate chip cookies, such as sugar and flour.


JUSTICE SONIA SOTOMAYOR: I can bake a chocolate chip cookie using natural ingredients—salt, flour, eggs, butter. And I create my chocolate chip cookie. And if I combust those in some new way, I can get a patent on that. But I can’t imagine getting a patent simply on the basic items of salt, flour and eggs, simply because I’ve created a new use or a new product from those ingredients.



GREGORY CASTANIAS: And that’s—



JUSTICE SONIA SOTOMAYOR: Explain to me—



GREGORY CASTANIAS: Sure.



JUSTICE SONIA SOTOMAYOR: —why gene sequences, whether in the actual numbers, why gene sequences are not those basic products that you can’t patent.



GREGORY CASTANIAS: OK. I’ll start by showing you how this is actually a different structure. It actually has an entirely different chemical name when you give it the C—



JUSTICE SONIA SOTOMAYOR: That’s the cDNA.



GREGORY CASTANIAS: No, no, no. That’s absolutely true with regard—



JUSTICE SONIA SOTOMAYOR: Oh, only if your—



GREGORY CASTANIAS: —to the isolated molecule, as well, because if you were to write it out in those interminable chemical equations that you had to do in high school—



JUSTICE SONIA SOTOMAYOR: So, I put—



GREGORY CASTANIAS: —it’s a “C” very different, “H” very different.



JUSTICE SONIA SOTOMAYOR: I put salt in flour, and that’s different?



GREGORY CASTANIAS: Well, that is—



JUSTICE SONIA SOTOMAYOR: That’s—



GREGORY CASTANIAS: That is a combination, yes, of two different things. And that’s sort of like—that’s sort of like—



JUSTICE SONIA SOTOMAYOR: So if I take them apart, now you can get a patent on the salt, and now you can get a patent on the flour?



GREGORY CASTANIAS: Well, they were apart before, and they—but they were both old. That’s the problem with using the really simplistic analogies, with all due respect, Your Honor.



AMY GOODMAN: That was Justice Sonia Sotomayor questioning Myriad Genetics’ lawyer. Judge Sweet, your response on the significance of this ruling?


JUDGE ROBERT SWEET: Well, what the fundamental issue was—the issue was: Can you patent something that is a product of nature? Can you patent gold, and—for example? And what this decision has affirmed is that there are things in nature that cannot be patented. And one of those things in nature is your genome. It is a peculiar development that is natural. It is not the product of any outside influence. It is your genome, and that can’t be patented.


So the issue really is the extent to which your genome can be, if you will, grasped for some other purpose. And I think the court—I attended the argument. The justices were marvelously attentive. And I think the simple, direct and powerful nine-to-nothing decision indicates that they believe the genome is something that is important to be, if you will—not using it in a legal sense—but free. And it will make a difference, I believe, both in terms of availability for those who want the tests and also in terms of research. So, my view of it is that it is quite an—well, I know it’s an important and long-range decision. And—


AMY GOODMAN: Judge Robert Sweet, we’re going to have to leave it—we’re going to leave it there, and I thank you so much for being with us. Also, I know your clerks just got together and celebrated your 90th birthday. Happy birthday, Judge Robert Sweet. Also, thanks so much to Sandra Park and Lisbeth Ceriani.




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