I hadn't thought about it before now, but this post may have a theme in common with the previous post on BIO survey results. It seems 23 companies from the biotech arena have written a letter to the Attorney and Solicitor Generals regardind the potential impact of Myriad on the biotech industry more generally. Their point is that Myriad and Prometheus (case not the movie) has largely been interpreted by the courst in terms of human diagnostic testing -- and not in the broader context of all that is done under a biotech umbrella.
Thus, suggestions that genes shouldn't be patentable because it could block patient access to competitive testing resources ignores all the other patents out there needed to protect investments in (pardon the pun) a myriad of other applications. These companies argue that well established case law on gene eligibility for patents shouldn't be overturned in the narrow context of human diagnostics case -- lest "that would create significant uncertainty about the patentability of technologies unique to the areas in which we conduct our businesses." A broad reinterpretation of the law along the lines of the original Myriad decision, could draw into "question tens of thousands of issued US patents and upset longstanding, settled, investment-backed reliance interests." Wow!
To go full circle, maybe someone needs to tell the Courts as well as the voting public what the biotech industry does? See Patent Docs blog.