Winning a battle, losing a war: Why ACLU’s strategy in Myriad Genetics patent case may have backfired

Editor’s note: Edward R. Ergenzinger, Ph.D., J.D., is a member of the Ward and Smith, P.A. law firm. WRALTechWire talked with him shortly after the Myriad patent decision handed down by the Supreme Court. In the following analysis, Dr. Ergenzinger offers further analysis of the case and its implications for the public as well as companies and researchers. RALEIGH, N.C. – Did you know that genes are civil liberties? At least that’s what the American Civil Liberties Union (“ACLU”) thinks. “VICTORY!” That was the message emblazoned across the ACLU’s website following the June 13, 2013, United States Supreme Court decision in Association...

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