Settlement Of Gene Patent Challenge In Canada

At the beginning of 2016, Canadians were looking forward with great anticipation to a Federal Court challenge launched by The Children's Hospital of Eastern Ontario (CHEO) against a suite of five patents pertaining to methods of genetic testing. However, in March of 2016, the challenge settled with the negotiation of a royalty-free license agreement between CHEO and the patentee: Transgenomic, Inc. of Omaha Nebraska.

The subject patents claim methods for identifying genetic mutations associated with Long QT Syndrome, a disorder of the heart's electrical activity. CHEO wishes to offer whole genome testing for Ontario children on a not-for-profit basis and wants to include analysis for all validated mutations, including those associated with Long QT syndrome. As the subject patents seemed to present a barrier, the challenge by CHEO sought to invalidate the patents or certain patent claims on a number of grounds including the ineligibility of gene-related subject matter