Unanimous Supreme Court Decision: Gene Patents Illegal

In a unanimous decision, the Supreme Court ruled that patents cannot be issued for “naturally occurring” substances. In the case Association for Molecular Pathology v. Myriad Genetics, Myriad had claimed that the act of isolating the two genes that indicate a higher risk of breast cancer justified the company receiving a patent on said genes.

The court did, however, allow patents for cDNA (complementary DNA) but stated that they were not declaring that cDNA was entitled to be patented—just that right now there is no legal reason for forbidding it. This is a boon to biotech companies, who will be able to patent some products and therefore, receive some compensation for their research and hard work. However, as the court did not hold that cDNA is legally eligible for patents, this leaves the door open for Congress and the patent office to close this exception.

Gene patent decision: In Plain English

Somewhere, Michael Crichton is grinning broadly.

Gene Patents and the Supreme Court – Round 2

It’s Spring and gene patents are before the US Supreme Court once again.

On March 26, 2012, the Supreme Court threw out the U.S. Federal Circuit Court of Appeals 2011 decision upholding gene patents in the case Association for Molecular Pathology v. Myriad Genetics. The case was sent back to the lower court for a do-over, with instructions to review the case in consideration of the Supreme Court’s decision in the March 20 case Mayo Collaborative Services v. Prometheus Laboratories, Inc. Analysis, which held restrictions on genetic patents.

On August 16, the Federal Circuit Court again upheld gene patents, with the vote going along the same 2-1 lines as in the 2011 decision.

In short, the Supreme Court told the Circuit Court to try again, taking into account the Prometheus decision.

The Circuit Court decided that they got it right the first time.

Now we see if the Supreme Court agrees. Oral arguments were heard today. A decision is expected this summer.

Check back for a more detailed summary and analysis.

Supreme Court Rules Against Gene Patents

On March 26, the US Supreme Court overruled a 2011 federal appeals court decision that upheld the legality of genetic patents held by Myriad Genetics Inc. The case is Association for Molecular Pathology v. Myriad Genetics.

From the Washington Post:

The Supreme Court threw out that decision, and sent the case back to the lower courts for rehearing. The high court said it sent the case back for rehearing because of its decision in another case last week saying that the laws of nature are unpatentable.

That case, Mayo Collaborative Services v. Prometheus Laboratories, Inc. Analysis, was decided on March 20.

Read the transcript of the oral arguments in the Prometheus case.

Crichton published two op-eds in the New York Times on the topic of gene patents:

This Essay Breaks the Law
March 19, 2006

Patenting Life
February 13, 2007

Somewhere, Michael Crichton is smiling… (yet again)

Related posts:

Gene Patents Case Appealed

Newsflash - Gene Patents Ruled Invalid

My Letters to Michael Crichton

Here are links to three letters I wrote to Michael Crichton. After the first letter, he sent me a gracious note and an autographed photo. I didn't expect a response to the other letters as he was a very busy man.

March 17, 2005 – Travels

April 17, 2005 – State of Fear

November 21, 2006 – Next

Next - Gerard the Parrot

Gerard the transgenic African Grey parrot in Next is one of the most enjoyable characters Michael Crichton ever created. The witty and sarcastic bird serves as another example of genetic engineering, but he also provides comic relief in the novel.

Next contains the comment that African grey parrots “were highly intelligent—generally considered as intelligent as chimpanzees—and with a far greater capacity for language.” (p.169)

And in Jurassic Park Gennaro and Grant are discussing the raptors:

“How smart are they?” he said.

“If you think of them as birds,” Grant said, “then you have to wonder. Some new studies show the gray parrot has as much symbolic intelligence as a chimpanzee. And chimpanzees can definitely use language. Now researchers are finding that parrots have the emotional development of a three-year-old child, but their intelligence is unquestioned. Parrots can definitely reason symbolically.”

“But I’ve never heard of anybody killed by a parrot,” Gennaro grumbled.” (p. 376)

Not yet, but give Gerard time.

I've listened to Next on audio and Gerard is even more hysterical that way. It must have been fun for Dylan Baker to do Gerard's lines.

Gerard tends to talk in movie quotes and song lyrics. Here are some of his best lines, including the original source where applicable. (Page numbers are for the hardcover edition)

p.167
“You look good, baby, I’ve missed you.”

“Okay, if you insist.”

p. 168
“Oh. Oh. Oh. You try to trick me.”

“I love a parade…”
(From the film I Love a Parade, 1932)

“Am I a star? Am I a star?”

“We’re sorry we’re late but we had to pick up our son Hank.”
“Now Jo, just take it easy.”
(From the film The Man Who Knew Too Much, 1956)

“I need a bath before any filming. You promised me a bath.”

p.170
“Hey, nice place, Gail. Way to go.”

“I was just saying that.”

“I mean I was just saying that.”

“Just an observation.”

p.172
“I hope they are watching. They’ll see. They’ll see and they’ll say, ‘Why, she wouldn’t even harm a fly."
(From the film Psycho, 1960)

p. 280
“You kidnapped me.”

“Riley. Doghouse Riley.”
(From the film The Big Sleep, 1946)

p. 281
“You’re the reason our kids are ugly, little darlin’”
(From the song of the same title)

p. 283
“Oh, he’s a good talker. Stop patronizing me.”

"I am surrounded by fools"
(From the film Becket, 1964)

“Ooh la la. Will you please listen to me?”

“I am a person, you little twit. And if you want to hump this guy, go on and do it. Just don’t make me wait around while you wiggle your assets in front of him.”

p. 284
“You are giving me away? This is slavery! I am not something you give away.”

p. 310
“It stinks. It stinks to high heaven. What hellhole is this?”

p. 311
“I am a man of many talents.”

“Dave, this conversation can serve no purpose anymore. Good-bye.”
(From the film 2001: A Space Odyssey, 1968)

“Fasten your seat belts, it’s going to be a bumpy night.”
(From the film All About Eve, 1950)

“They seek him here, they seek him there, those Frenchies seek him everywhere—“
“Sink me!”
(From the film The Scarlet Pimpernel, 1934)

“Well, they’re saved from the blessings of civilization.”
(From the film Stagecoach, 1939)

p. 312
“Le soleil c’est beau.”
“Les femmes au volant c’est la lachete personifie.”
“Pourquoi elle ne depasse pas?”
“Oh, oui, merde, des travaux.”
“Il ne faut jamais freiner….Comme disait le vieux pere Bugatti, les voitures sont faites pour rouler, pas pour s’arreter.”
“Merde, les flies arrivent!”
(From the film Breathless, 1960)

p. 328
“Your heart sweats, your body shakes, another kiss is what it takes…”
“You can’t sleep, you can’t eat—“
(From the song "Addicted To Love")

“What fresh hell is this?”
(A famous line by Dorothy Parker)

“I don’t know why I love you like I do, after all the changes—“
(From the song "Take Me To The River")

“Mellow greetings, ukie dukie.”
“You remind me of a man.”
“No, you are supposed to say, ‘What man?”
“The man with the power.”
“The power of hoodoo.”
“You do.”
“Remind me of a man.”
(From the film The Bachelor and the Bobbysoxer, 1947)

“Ooh, aren’t you the twisted bunny.”

p. 340
“Nobody knows the trouble I’ve seen.”
“Nobody knows, ‘cept Jesus…”
(From the song “Nobody Knows the Trouble I’ve Seen.”)

p. 341
“I ain’t seen the sunshine, since I don’t know when-nnn…”
(From the song “Folsom Prison Blues”)

“Ladies and gentlemen, mesdames et messieurs, damen und herren, from what was once an inarticulate mass of lifeless tissues, may I now present a cultured, sophisticated, man about town! Hit it!”
(From the film Young Frankenstein, 1974)

“It’s my life—don’t you forget it!”
(From the song "It's My Life")

“We’re so glad to see so many of you lovely people here tonight.”
(From the film The Blues Brothers, 1980)

“Let’s be happy, happy happy, say the word now.”
“Happy happy happy, try it somehow…”
“Happy, happy, happy, happy, oh baby yes, happy, happy—“

“You don’t scare me, buster.”

“I’ve got some news for you, and you’ll soon find out it’s true, and you’ll have to eat your lunch all my yourself—“
(From the song "All Ready Gone")

p. 342
“It looks as though you’re letting go, and if it’s real I don’t want to—“
(From the song “Don’t Speak")

“You can’t do this to me.”
(From the film Citizen Kane, 1941)

“Don’t go away mad, it can’t be so bad, don’t go away…”
(From the song “Don’t Go Away Mad”)

p. 346

“I’m sha sha shakin’, I’m shakin’ now.”
(From the song "I'm Shakin")

“You can stop right there, mister!”

p. 347
“You feel lucky, punk? Do you? Huh?”
(From the film Dirty Harry, 1971)

“Every time you turn around expect to see me. ‘Cause one time you’ll turn around and I’ll be there, and I’ll kill you, Matt.”
(From the film Red River, 1948)

“Life is hard, but it’s harder if you’re stupid.”
(From the film The Sands of Iwo Jima, 1949)

“Look, you fools, you’re in danger, can’t you see? They’re after you, they’re after all of us!”
(From the film Invasion of the Body Snatchers, 1956)

“Get back to where you once belonged!”
(From the song “Get Back”)

p. 364
“What’s the matter, don’t you know how to talk?”

“How thrilling for you.”

p. 365
“I could ask the same of you.”

p. 366
“Buffeting! Buffeting! Twenty thousand feet, buffeting! I am going to push the stick forward—“

p. 367
“I want you to want me.”
“I need you to need you.”
(From the song, "I Want You to Want Me")

“What’s up, Doc?”
(Classic Bugs Bunny line)

“Jell-O, the tasty dessert for the whole family, now with more calci-yum!”

p. 385
“Just a bird! Who are you calling a bird?”

“You gentlemen aren’t really trying to kill my son, are you?”
(From the film North by Northwest, 1959)

“Ah Christ. What’s your name?”

p. 386
“That depends on who’s in the saddle.”
(From the film The Big Sleep, 1946)

“Well, a boy’s best friend is his mother.”
(From the film Psycho, 1960)

“Your story didn’t sound quite right.”
“Oh that’s too bad, you got a better one?”
(From the film The Big Sleep, 1946)

p. 390
“My, my. Such a lot of guns around town, and so few brains.”
(From The Big Sleep, 1946)

p. 413
“I can’t sleep a wink anymore, ever since you walked out the door.
All you ever do is bring me down.”
(From the song “All You Ever Do Is Bring Me Down”)

p. 414
“Life is a book and you’ve got to read it.”
“Life is a story and you’ve got to tell it.”
(From the song "Life")

“Is this where you live? Oh, Mother’s going to love it here!”
(From the film To Catch a Thief, 1955)

“My baby used to stay out all night long,
She made me cry, she done me wrong,
She hurt my eyes open, that’s no lie,
Tables turn and now her turn to cry,
Because I used to love her, but it’s over now…”
(From the song "It's All Over Now")
-------------------------------------------------
If anyone can identify the source of the unattributed quotes, please leave a comment.

NEXT E-book - Enhanced Edition

On July 26, 2011, HarperCollins released a new digital edition of Michael Crichton’s novel Next. The Enhanced Edition, which is available through Barnes & Noble and iTunes, contains six videos, along with an interactive map of the human body with gene patent information. It also contains an audio interview with Michael Crichton, along with the transcript. This interview has appeared on the audio edition of Next, and the transcript was included in the previous ebook edition released on October 13, 2009.

I have not gotten the Enhanced Edition of Next yet, as it can only be viewed on NookColor, iPhone, iPod touch, or iPad (with either the NookColor or iBooks applications). Sadly I don’t have any of those devices at the present time, so I am currently determining the appropriate bribe for one of my more fortunate friends. If anyone has the Enhanced Edition, I would love to hear your review.

The Crichton website page contains a screenshot from iPad of the table of contents of the extra features.

Featured Enhancements

• Video: Michael Crichton’s Conclusions

• Video: Stop Patenting Genes—Lori Andrews

• Video: Clear Guidelines—Kathy Giusti

• Video: Ensure Data is Made Public—Harry Ostrer, MD 4

• Video: The Bayh-Dole Act—Stuart Neuman, MD 5

• Video: Michael Crichton’s Legacy

• Who Owns Your Body


Two of these names were mentioned in Crichton’s introduction to his bibliography of Next:

“I relied particularly on the work of law professor Lori Andrews, authors Matt Ridley and Ronald Bailey, and scientists John Avise, Stuart Newman, and Louis-Marie Houdebine.”

“Who Owns Your Body” is most likely the interactive map of the human body with gene patent information. But “Who Owns Your Body?” is also the title of a conference held May 21, 2007 in Chicago.

Who Owns Your Body?
Legal and Social Issues in Michael Crichton's NEXT
Chicago-Kent College of Law

Lori Andrews, who convened the conference, presented some of the highlights on her website. There is also a short video featuring her introduction of Michael Crichton, and some of his remarks.

Crichton also gave the speech What I Have Learned From Reactions to My Books.

More information about the conference is available from the Chicago-Kent Law Review, and a blog post by Hunter Hogan.

Gene Patents Case Appealed

A US federal appeals court is hearing a case about the legality of gene patents. The case, Association for Molecular Pathology v. U.S. Patent and Trademark Office, concerns the right of Myriad Genetics Inc. to patent two genes associated with breast cancer.

Oral arguments can be heard on the Appeals Court website.

The ACLU, one of the plaintiffs in the case, has court documents for the case on their website.

On March 29, 2010, a district court judge ruled that seven patents held by Myriad Genetics were invalid.

Michael Crichton stated his opposition to gene patents in the Author's Note of his novel Next.

Thank you, John, for informing me of this.

Michael Crichton Speech Videos

Just found some of Michael Crichton’s speeches and public appearances online.

National Press Club - November 28, 2006
Crichton discusses some of the issues raised in his novel Next.

Students and Leaders - March 16, 2005
Crichton takes questions from students at Cleveland High School in Reseda, California.

Science Policy in the 21st Century - January 25, 2005

National Press Club - April 6, 1993
This was Crichton’s famous Mediasaurus speech. In May 2008, Slate declared Michael Crichton Vindicated in his predictions for the media. The article by Jack Shafer was based on an email interview.

Newsflash - Gene Patents Ruled Invalid

On Monday March 29 United States District Court Judge Robert W. Sweet ruled that seven patents held by the biotech company Myriad Genetics were invalid. The patents involved two genes considered to be factors in breast cancer.

News stories:
New York Times

Nature

Wall Street Journal

The judge’s 152-page decision

Michael Crichton called for an end to patenting genes in the “Author’s Note” from his novel Next. He mentioned this biotech company:

Gene patents are bad public policy. We have ample evidence that they hurt patient care and suppress research. When Myriad patented two breast cancer genes, they charged nearly three thousand dollars for the test, even though the cost to create a gene test is nothing like the cost to develop a drug. Not surprisingly, the European patent office revoked that patent on a technicality. The Canadian government announced that it would conduct gene tests without paying for the patent.

Crichton published two op-eds in the New York Times on the topic of gene patents:

This Essay Breaks the Law
March 19, 2006

Patenting Life
February 13, 2007

Somewhere, Michael Crichton is smiling. (Again)

Links and more info on Michael Crichton at:
Kahlessa's Corner

Michael Crichton on Yahoo Answers

There is a wonderful website, Yahoo Answers, where people can ask questions on a variety of topics and other people try to answer them. It’s an excellent reference source for all kinds of information.

A few months ago I was surprised to discover that Michael Crichton had once participated on this website. Under his name is a green label reading “official” which means that Yahoo verified that he is the famous person of that name. He is listed as being a member since December 4, 2006, which was soon after the publication of Next.

Usually when you click on someone’s profile, you can see what questions they have asked and answered. But if you click on Michael Crichton’s profile currently, you get this message:

Oops
The user you've specified does not exist on Yahoo! Answers. You may have clicked on an invalid link, please try again later.

Fortunately when I discovered Crichton’s profile, it was still active. He did not spend much time on Yahoo Answers but he did ask one question and answered three.

Michael Crichton asked:
What will be the biggest benefit for human beings from mapping the human genome?

There were 2,154 responses and Crichton wrote this after selecting one as best answer:

Most of the best answers talked about medical benefits from decoding the genome though even the most knowledgeable of you were rather vague about the benefits to come. That's understandable; at this point nobody knows where our research efforts will lead. Genetics has diagnostic potential but many scientists believe that in a few years proteins will prove to be more useful. The whole field is in flux.
A number of you mentioned immortality. There has certainly been a lot of speculation about that, but many lines of research lead me to feel quite certain that immortality is not in our future. It's fun to think about, but don't hold your breath.
I choose the answer from ZERO COOL because it focused on realistic outcomes, including rational drug design, early detection of genetic predisposition to disease, and custom drugs. And the author seems to have a firm grasp of exactly how we move from symptomatic treatment to addressing disorders at a fundamental level.

Here are the three questions Crichton answered:

How would one go about starting to write a novel?

Crichton’s response:

There is a famous answer to this. Put seat in chair. Keep it there eight hours a day. Face the paper or computer screen. Continue to work until something useful happens.

There is another famous answer, to paraphrase John Cage: "Have something you want to say, and then say it."

There is a third answer: there are no tricks. You just have to do it. It's rather like a construction project.

Product placement in books. How can this work to enhance a story?

Crichton’s response:

I oppose this practice. I think when people are being exposed to adverts, they should know it.

What talents do you need to be a best-selling author (apart from being able to write!)?

Crichton’s response:

Judging from the best seller lists, I am not sure writing ability is so important, frankly.

As for necessary talents, remember what E.M. Forster said: "The story, oh my God the story." Storytelling is the most important skill.

As for myself, I like to answer questions on Yahoo Answers, and I look for questions on Michael Crichton. Unfortunately many of them are from students who don’t want to actually read his books and are looking for someone to do their homework for them. I remember back in 2005 someone posted a message on the board of Crichton’s official website asking for a list of all the differences between the Jurassic Park book and the film version.

The Administrator responded:

This sounds suspiciously like you want help doing a school project or homework, which we don't do here. Michael is a big believer in doing your own work. If you didn't plan enough time to do the proper research, then talk to your teacher and have him help you learn better time/management skills…There is a BIG difference between asking for clarification on a point or two (which is fine) -- after you've done the leg work -- and asking for a full term paper (which is not fine).

As a former teacher, I am also a big believer in students doing their own work. For example:

Bad question:
“One event from each chapter in Michael Crichton "the Andromeda strain"?
just one small event PLEASE even if its only a few chapters”

My response:
“Have you tried reading the book? I'm sure you can find the information there.”

Good question:
I have a question about The Great Train Robbery, by Michael Crichton?
I read the book at the beginning of summer, but I left it at home, and now I have to write a report on it. Could someone please tell me the name of the young lady Edward Pierce was courting in order to get the key from her father? If you could, it would be a great help! Thank you!!!!

Now this is a question from someone who has clearly read the book, and I was happy to answer it.

78 days until the release of Pirate Latitudes!

Links and more info on Michael Crichton at:
http://kahlessa.proboards80.com/index.cgi

Letter to Michael Crichton - Next

November 21, 2006

Dear Dr. Crichton,

I’m happily looking forward to the release of Next. This is the 15th novel and 20th book you have published under your own name. I wonder how you feel when a book of yours is released. Has the experience changed for you over the years? Do you feel excited, and do you look forward to the responses? Is it a distraction from whatever you’re working on currently? Do you dread it somewhat because it means appearing in public? On 20/20 you mentioned that you would never appear in public if you could help it. You’re only making three public appearances for Next, and they are all on the East Coast, to the great dismay of the members of message board on your website.

One reason I’m looking forward to the release of Next is because the message board badly needs some fresh meat (and fresh tofu for the vegetarians). I’ve been on the message board for almost two years. It’s become an online home and I’ve made several friends through the board. A few have become very good friends who I talk with on the phone from time to time. It’s a wondrous thing that people from all over the world can find a point of focus that allows them to connect and bond with each other. And the administrator does an outstanding job moderating the discussions and making the board a delight place to visit.

But the most valuable thing about the message board is how it has helped me to focus my writing. It gives me a chance to write things others can read and respond to, and that has sparked my writing in other venues as well. The message board has an encouraging and inspiring atmosphere, and I bless you for providing it.

My favorite of all your books is Travels, and I understand you are writing a sequel. Since Travels was released in 1988, it would be nice if the sequel could be released 20 years later in 2008.

Though I have to tell you there was one part of Travels I did not like. It is on p. 228 (hardcover edition) when you were directing a film and you took away that poor little rattlesnake’s parasol and it almost got cooked by the sun.

You bully.

Respectfully yours,

Marla Warren


Links and more info on Michael Crichton at:
http://kahlessa.proboards80.com/index.cgi