08 June 2010

Myriad Gene Patent Challenged in Australia

According to this report in the news today, law firm Maurice Blackburn is about to launch a revocation action against an Australian patent relating to BRCA1 and BRCA2 human genes, which corresponds with the US patents recently found partially invalid by the district court for the Southern District of New York (see commentary on Patently-O here).

As in the US case, the action is being instigated primarily by an interest group, rather than by a commercial competitor or potential infringer.  Maurice Blackburn specialises in compensation claims, and has been involved in a number of high profile cases fighting large corporations on behalf of the "little people".  Patentology is unaware of the firm having any particular expertise in IP cases.

We will watch further developments with interest.

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