In May, the ACLU announced that it was suing to invalidate a patent that covers testing for genetic variants associated with breast cancer. The suit targeted Myriad Genetics, which licenses the patent, and the University of Utah officials that licensed it to them, but also targets the US Patent and Trademark Office, which allowed this form of gene patent in the first place. In a move that surprised no one, each of the three defendants filed motions to have the case against them thrown out. The judge overseeing the case, Robert Sweet, has now dismissed these motions, allowing the case to go forward.

Our earlier coverage described the scientific background of the case in detail. In brief, researchers at the University of Utah identified two genes, BRCA1 and BRCA2, that are mutated in many families that have high incidences of breast and ovarian cancer. The University patented the use of this information for medical testing, and has licensed the patents to Myriad Genetics. The company has since attempted to prevent academic researchers that sequenced these genes in the course of their research from revealing the implications of the results to their patients.