D Arcy V Myriad Genetics Inc Case Study
FEDERAL COURT OF AUSTRALIA
D’Arcy v Myriad Genetics Inc [2014] FCAFC 115
Citation:
D’Arcy v Myriad Genetics Inc [2014] FCAFC 115
Appeal from:
Cancer Voices Australia v Myriad Inc [2013] FCA 65
Parties:
YVONNE D'ARCY v MYRIAD GENETICS INC and GENETIC TECHNOLOGIES LIMITED
File number:
NSD 359 of 2013
Judges:
ALLSOP CJ, DOWSETT, KENNY, BENNETT & MIDDLETON JJ
Date of judgment:
5 September 2014
Catchwords:
PATENTS – Patent including claims for isolated nucleic acid – whether claims to composition comprising isolated nucleic acid are for a manner of manufacture for purposes of s 18(1)(a) of Patents Act 1990 (Cth).
Legislation:
Patents Act 1990 (Cth) s 18(1)
Statute of Monopolies s 6
Cases …show more content…
The primary judge stated the question at [1], as whether a patent may be granted for a claim that covers naturally occurring nucleic acid – either DNA or RNA – that has been “isolated”. His Honour said, that in this context, the word “isolated” implies that the naturally occurring nucleic acid found in the cells of the human body, whether it be DNA or RNA, has been removed from the cellular environment in which it naturally exists and separated from other cellular components also found …show more content…
It provides the chemical blueprint used by other parts of the cell to produce that protein. When a gene is “expressed” it will often result in the synthesis of a protein by other parts of the cell.
37 Human genes generally comprise sequences of DNA that specifically code for a particular protein, interspersed with sequences of DNA that do not code for a particular protein. Sequences of DNA coding for a particular protein are thought to account for approximately 1% of the human genome.
38 The sequences of DNA that comprise a gene are referred to as exons or exonic sequences. Most exonic sequences will code for a particular protein, but they also include other regulatory or non-coding regions that, although not coding for a particular protein, are important to the translation of mRNA. These non-coding sequences are referred to as untranslated regions (UTR) and occur at the 5’ end (5’ UTR) and 3’ end (3’ UTR) of the gene. Other sequences that do not code for protein, and which do not form part of the UTR of the gene, are referred to as introns or intronic sequences. Introns are found in DNA and pre-mRNA, but not in mRNA, which includes only the exonic sequences found in the DNA from which it is copied. Introns account for about 25% of the human genome. The remainder is made up of repetitive and other intergenic
D’Arcy v Myriad Genetics Inc [2014] FCAFC 115
Citation:
D’Arcy v Myriad Genetics Inc [2014] FCAFC 115
Appeal from:
Cancer Voices Australia v Myriad Inc [2013] FCA 65
Parties:
YVONNE D'ARCY v MYRIAD GENETICS INC and GENETIC TECHNOLOGIES LIMITED
File number:
NSD 359 of 2013
Judges:
ALLSOP CJ, DOWSETT, KENNY, BENNETT & MIDDLETON JJ
Date of judgment:
5 September 2014
Catchwords:
PATENTS – Patent including claims for isolated nucleic acid – whether claims to composition comprising isolated nucleic acid are for a manner of manufacture for purposes of s 18(1)(a) of Patents Act 1990 (Cth).
Legislation:
Patents Act 1990 (Cth) s 18(1)
Statute of Monopolies s 6
Cases …show more content…
The primary judge stated the question at [1], as whether a patent may be granted for a claim that covers naturally occurring nucleic acid – either DNA or RNA – that has been “isolated”. His Honour said, that in this context, the word “isolated” implies that the naturally occurring nucleic acid found in the cells of the human body, whether it be DNA or RNA, has been removed from the cellular environment in which it naturally exists and separated from other cellular components also found …show more content…
It provides the chemical blueprint used by other parts of the cell to produce that protein. When a gene is “expressed” it will often result in the synthesis of a protein by other parts of the cell.
37 Human genes generally comprise sequences of DNA that specifically code for a particular protein, interspersed with sequences of DNA that do not code for a particular protein. Sequences of DNA coding for a particular protein are thought to account for approximately 1% of the human genome.
38 The sequences of DNA that comprise a gene are referred to as exons or exonic sequences. Most exonic sequences will code for a particular protein, but they also include other regulatory or non-coding regions that, although not coding for a particular protein, are important to the translation of mRNA. These non-coding sequences are referred to as untranslated regions (UTR) and occur at the 5’ end (5’ UTR) and 3’ end (3’ UTR) of the gene. Other sequences that do not code for protein, and which do not form part of the UTR of the gene, are referred to as introns or intronic sequences. Introns are found in DNA and pre-mRNA, but not in mRNA, which includes only the exonic sequences found in the DNA from which it is copied. Introns account for about 25% of the human genome. The remainder is made up of repetitive and other intergenic