This Nature editorial reminded me that Australia’s judicial system has approached the Myriad Genetics case about its patents for BRCA1 and BRCA2 differently than the United States. The most recent decision in Australia affirms the 2013 decision by its Federal Court that the Myriad Genetics patents were valid. There remains an additional level of appeal, so this case ma not be fully resolved just yet.
As it happens, the patents have not been enforced in Australia by either Myriad or the company that licensed the patents in Australia. Should that change, it is possible that another suit may arise to challenge this ruling, or the Australian Parliament may opt to revisit the underlying law.