I enjoyed moderating the session “The Future of the AMP v. Myriad Decision: Exploring Potential Impacts on Multigene Panel Testing and Patient Care” at the Association for Molecular Pathology Annual Meeting in Baltimore. The panel featured AMP’s friends (L-R) Charles Duan, JD (R Street Institute), Sandra Park, JD (American Civil Liberties Union), and Robert Nussbaum, MD (Invitae), and Hans Sauer, JD (Biotechnology Industry Association). The Tillis – Coons legislative proposal to Reform Section 101 of the Patent Act – which would have devastating consequences for gene sequencing and precision medicine – seems unlikely to gain traction in the near future. However, the case of Athena v. Mayo (FedCir 2017-2508(2019)), in which Athena has appealed to the U.S. Supreme Court, potentially threatens to undermine the holding in Mayo v. Prometheus, 566 U.S. 66 (2012), which has played a central role in advancing genetic and genomic medicine. Athena’s Petition for Certiorari must be closely watched.
