Maurice Blackburn files leave to appeal to High Court in breast cancer gene patent case

17 September 2014
Social justice law firm Maurice Blackburn has filed an application for leave to appeal to the High Court of Australia in the breast and ovarian cancer gene patent case of D’Arcy v Myriad Genetics Inc [2013] FCA 65.

On 5 September the Full Federal Court upheld the validity of the patent over BRAC1, the gene that is associated with hereditary breast and ovarian cancer.

Rebecca Gilsenan, principal lawyer at Maurice Blackburn who has fought the case since 2010 said there were strong grounds to appeal the matter.

“We believe the High Court should have the opportunity to consider this issue of enormous public interest. The issue has significance for access to genetic testing, research and the development of treatments for diseases suffered by millions of Australians,” Ms Gilsenan said.

Maurice Blackburn’s social justice practice began the case in June 2010 on behalf of Yvonne D’Arcy, a Brisbane woman with breast cancer.


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