<<Are these people realy concerned about the monopolistic use of one DNA pair?
It is the cockroach theory. It is not about one DNA pair of 3 billion. It is the precedent it sets for future behavior regarding these issues that really matters.
Thank you for the article link. It provided me with a lot of information re: MYGN.
1. One of the strongest principles in law is the "health, safety and welfare" of the individual (at least on paper, it always does not work out that way). If the plaintiffs can show that the health, safety and welfare of the individual is compromised by granting patents for human genes, they will win the law suit.
2. There is an expression in law: "If you do not have the law, argue facts; if you do not have the facts, argue law. IMO, MYGN's attorneys are doing there job, but just by the fact that they are filing these kinds of motions is telling me they MIGHT believe that there position is tenuous in this lawsuit. The converse would be MYGN's attorney's striving to bring the case to trial, but they are doing the opposite right now.
3. Just the fact that the AMA and other super-heavy weights are against MYGN is not good. The AMA is one of the most powerful political action groups in the business.
4. IMO the motion will not be granted and this lawsuit will proceed to conclusion.
5. Does anyone have any comments on the effect on MYGN if it loses this lawsuit?
The one thing MYGN does have is time, the attorneys can drag these lawsuits on the years if their clients have the money to pay.
The thought that fighting to dismiss an utterly frivolous lawsuit somehow suggests weakness in MYGN's case is ludicrous. From what I can tell MYGN has BOTH the law AND the facts on its side.
Much more telling is the desperate PR smear campaign ACLU has waged on MYGN and "gene patents," aided of course by the media hacks ACLU has wrapped around its finger. ACLU has planted stories and commentaries by misinformed ivory tower "experts" in every possible media outlet in an effort to distract the public from the utter lack of legal basis for this suit. The link below is to another puff piece that one insightful professor used to expose ACLU's real PR agenda:
The saddest thing is that this kind of witch hunt is endorsed and propagated by the media only when it aligns with radical liberal ideals, while a corresponding conservative ideological agenda gets attacked or suppressed by the media. If you want your voice heard, just make sure what you're saying agrees with the media establishment.
I realize that everyone is concerned about the outcome of this challenge to the patents and, frankly, I have no insight to offer on the outcome. Whatever the outcome, I think it is irrelevant to MYGN's commercial success. The things that matter most to patients are: Can I trust the result of the gene sequencing and what does this tell me about my risk? MYGN has had years of experience in sequencing BRCA1 and 2. They don't make mistakes and they have an unprecedented and, as far as I know, proprietary database of polymorphisms. No other company could run the test and confidently tell a patient what the polymorphism means for their risk of getting breast or ovarian cancer. Given a choice between cost saving and life saving, I know where I would go.
Regardless how the lawsuits proceeds to its conclusion (a win for Myriad or a loss in the the Supreme Court), it will have no negative financial impact on the company. Negative impact to the stock price is an entirely different matter. By the time it is done, the really important IP will have nearly expired and competitors will already be gearing up. If Myriad is still all about BRCA1/2 at that point, revenue growth is finished and headed in the opposite direction.
There are short-term benefits to the lawsuit, though. The opposition will be spending all their time trying to prove that the testing has value and that women (and men) need it. Free positive advertising. Could Myriad have orchestrated this whole thing?
If the motion to dismissed is not granted, then the case will be heard. There will be years of discovery and other aspects of our super-efficient judicial system. Then if Myriad loses, it will be appealed until the Supreme Court hears it. Then if Myriad loses again, the entire patent system will be in disarray. But by that time, Myriad will no longer have much patent protection for BRCA1/2 so it really won't matter too much.