Additional info concerning this lawsuit; the Breast Cancer Action was joined by the ACLU and the Public Patent Fnd who are now the plaintiffs. Commenting upon the lawsuit, the president of the Patent Fnd noted:
..."Myriad did not invent human genes, and has no right to claim ownership of them just because they removed them from the body, says Daniel Ravicher, executive director of the Public Patent Foundation which, along with the American Civil Liberties Union, sought the review. The government does not have the right to give a corporation the exclusive power to control what we know about our own genetic makeup.
As we wrote previously, many women with a familial history undergo genetic tests to determine if they have mutations on their BRCA genes. The info helps decide on treatment or prevention, such as increased surveillance, preventive mastectomies or ovary removal. Women who test positive using the Myriad BRACAnalysis test have an 82 percent higher risk of breast cancer and a 44 percent higher risk of ovarian cancer. However, each test may cost about $4,000 and the patents prevent Myriad competitors from offering such a test without paying a fee.