What a difference a year makes

It has been one year since I commented on 23andMe's foray into clinical medicine. I was frankly blown away that such a move would be so blatant without integration of health care practitioners.

I also was blown away that Myriad wouldn't sue the ever living bejesus out of 23andMe. A year later, no lawsuit. I am still surprised about this one. Don't you have to demonstrate protection of your patent to keep it?

Maybe Google/23andMe are paying a VIG to Myriad? I don't know, but it hasn't shown up on Myriad's SEC reports yet......

Why was I so surprised? Well, a few months after 23andMe launched the service AND Myriad did not sue, MYRIAD WAS SUED.

I began to wonder if not suing Google/23andMe was a sign of weakness. I was certain Myriad would then shut down the DTC Genomics BRCA testing.

To date, they have not.

This begs the question, does Myriad think they do not have a case and would lose against Google, thus strengthening the case against them by the ACLU? If that is truly the case and we will begin to see judicial activism in patent removal, well, then we could be in for an EXPLOSION of genetic testing labs out there, each doing their own thing, their own way.

An article in Nature Medicine by Brendan Borrell, does an excellent job of discussing the potential backlash and issues related to DTC Genomics and patent holders. They took the tech line. "Should we really be charged to look in the mirror?" Well, do you have to buy a mirror to look in it? FAIL

The question is: "Will other patent holders see themselves as vulnerable by allowing DTC Genomics companies to test for THEIR patented genetic markers?"

This could prompt a huge wave of lawsuits against these fledgling DTC Genomics companies. Normally, companies sue to shake down, scare away competition and make money or at least protect patents. What we could see is lawsuits designed to crush these young companies in an attempt to scare off the ACLU et.al.

By Myriad NOT suing 23andMe, we may have opened up a new wave of patent paranoia and fear. When that happens companies often turn to the courts to scare away competitors and people hell bent on their (patent) destruction......(ACLU)

It will be interesting to see what this year holds for the Gene Patent......

The Sherpa Says: I would love to hear Dan Vorhaus or Gary Marchant's or Barbara Evans' opinions on these things.........

Good legal advice for Genomics.....

I have often thought that the laws which currently govern genomics, medicine and direct to consumer products are prettty interesting.

Which is why, when we started our medical practices we were going to do an internet distribution of testing and consultation........

This was back in 2005. We sat late up at night in my partners apartment plotting to take over the industry.

We aligned some players and then we obtained some legal advice.......

After that fateful day in 2005, we realized that this was a buzzsaw we did not want to mess with......Especially in New York, Our Market!

So you can imagine my incredulity when we saw 3 companies planning to do precisely what we were advised legally not to do. The mistakes these companies made were exactly the issues we were advised to avoid. We spent a measly 5000 USD for this advice, hardly anything to touch the millions in the banks of these DTC genomics companies.

I then began to think, maybe they didn't have legal advice which was in the know with genomics......I don't think many lawyers are in the know in this space frankly.......


That was until I met Gary Marchant and Dan Vorhaus. Gary is a PhD geneticist and Juris Doctorate at Arizona State and Dan, well Dan is now a blogger and his firm has started what will likely turn out being the best legal resource for genomics out there.......

Robinson, Bradshaw & Hinson, launched a new resource designed to help keep track and make sense of the increasing legal and regulatory activity in the fields of genomics and personalized medicine. The Genomics Law Report focuses on the legal implications of important developments in these fields - including key litigation, legislative, regulatory and policymaking activities –

In 2007 and said that if a young lawyer wanted to make a name for themselves, they would learn genomic medicine and the legal implications........It seems that this firm has had their eye on this for a while now....

Maybe 23andSergey will actually take some advice rather than think they know it all? I know that I sure wish I had these guys in 2005.......we may have been able to create the ideal structure here.......

Imagine all of the millions of dollars in lobbying, regulation writing, lawsuits atc. these fledgling startups would have avoided by seeking Dan's counsel.......

The Sherpa Says: Genomics and the Ethical LEGAL and Social Implications...........Guys, the HGP spent money on this......there is a reason for that......and Now there is a report for that. Genomics Law Report to be precise....