Fighting back against gene patents in 2009

This year the American Civil Liberties Union (ACLU) and the Association for Molecular Pathology have led a court challenge to the legality of the U.S. Patent Office practice of granting patents on genes.

COMPLAINT against United States Patent and Trademark Office, Myriad Genetics, Lorris Betz, Roger Boyer, Jack Brittain, Arnold B. Combe, Raymond Gesteland, James U. Jensen, John Kendall Morris, Thomas Parks, David W. Pershing, Michael K. Young. (Filing Fee $ 350.00, Receipt Number 687779)Document filed by American Society For Clinical Pathology, College of American Pathologists, Association For Molecular Pathology, Haig Kazazian, Arupa Ganguly, Wendy Chung, Harry Ostrer, David Ledbetter, Stephen Warren, Ellen Matloff, Elsa Reich, Breast Cancer Action, Boston Women's Health Book Collective, American College of Medical Genetics, Lisbeth Ceriani, Runi Limary, Genae Girard, Patrice Fortune, Vicky Thomason, Kathleen Raker.(ama) (Entered: 05/12/2009)

According to the ACLU on 2 November 2009 and WebWire on 3 November 2009:

Several major organizations, including the American Medical Association, the March of Dimes and the American Society for Human Genetics, filed friend-of-the-court briefs in support of the challenge to the patents on the BRCA genes.

and

The court noted the significance of this case. The court's opinion stated, "The widespread use of gene sequence information as the foundation for biomedical research means that resolution of these issues will have far-reaching implications, not only for gene-based health care and the health of millions of women facing the specter of breast cancer, but also for the future course of biomedical research… The novel circumstances presented by this action against the USPTO, the absence of any remedy provided in the Patent Act, and the important constitutional rights the Plaintiffs seek to vindicate establish subject matter jurisdiction over the Plaintiffs' claim against the USPTO".

This case has survived a plaintiff's motion to dismiss and is going forward.

With patents now being held on approximately 20 per cent of identified human genes, this court case is of more than passing interest.

Where's a copper when you need him?

A mate was down in Yamba visiting rellies last week when he took a walk to the local shopping centre.
Being a bit slow on his pins he started to cross Treelands Drive at the point which has a pedestrian island in the centre of the road.
Without warning, a big semi headed for Bi-Lo supermarket crossed over to the wrong side of the road and travelled about five truck lengths before doing a wide turn into the Yamba Fair carpark entrance.
And truckies wonder why they have such a bad rep on the NSW North Coast....

Climate Change Risks to Australia's Coasts - report nobbled by department?

Screenshot which came up with any attempt to read Chapter 5

Like many other Australians today, I went to the Federal Department of Climate Change website to download the latest report Climate Change Risks to Australia's Coasts announced with some fanfare earlier in the day.

Small problem. The very chapter of intense interest; Chapter 5 identifies the key risks to built infrastructure with a particular focus on residential buildings at state and local government scales. Risks to infrastructure, services and industries in the coastal zone are also summarised according to the relevant web page - well it has gone missing.

Departmental IT ineptitude or a sudden realisation that many people could for the first time fairly accurately assess the risk to their property values and that might be politically just a tad too uncomfortable for the states and local government?

Minister for Climate Change and Water Penny Wong much earlier in the day speaking on the ABC Radio AM program:

This is a very important step in providing the information Australia needs.

Over to you, Minister Wong.......

Bat war continues and Nationals Hartsuyker and Cansdell are in the first round of 'enemy' casualties

Bat fall-out

WELL done Steve Cansdell and Luke Hartsuyker. Just the week after all the relevant stakeholders held possibly the first ever truly positive meeting about the Maclean flying fox colony, you help whip up a frenzy and involve schoolchildren in an illegal disturbance of the animals, many carrying recently born young, using a starter pistol and general loud noise.

One tentative step forward had finally been made in this ongoing saga, with all parties agreeing to form a proper long-term management plan, and you go in there and destroy that whole democratic process and regress the whole community.

And all for your own political gain. You are shaming the community and standing in the way of progress. Don't you get it? Disturbance does not work and never has as a long, or even short, term solution, and is currently illegal in Maclean.

LINDA WRIGHT,

Lawrence.

[The Daily Examiner, letter to the editor, 14 November 2009]