Brenda Jarrell and Fangli Chen on Recent Rulings Effect on Personilized Medicine
Genetic Engineering & Biotechnology News
| May 1, 2009
| Brenda Jarrell and Fangli Chen
Brenda Jarrell, partner and chair of life sciences, and Fangli Chen, partner in IP, wrote “Recent Decisions Curtail Personalized Medicine,” published in Genetic Engineering & Biotechnology News. The article offers a forward-looking analysis of how recent rulings might shape the nascent personalized medicine industry, making it a case study on how legal rules can impact business behavior and shape the development of an industry.
Personalized medicine represents a fundamental shift in the drug development modus operandi: a movement away from creating drugs that prove safe and effective in a majority of patients towards drugs tailor-made for individuals or small groups based on their genetic information. But the Bilski ruling implies that such therapies would not be patent-eligible, while the Levine ruling has increased the liability exposure for all pharmaceutical companies. Dr. Jarrell and Dr. Chen do not argue that the personalized medicine industry is doomed, just that it must adapt to significant legal challenges.