The American Civil Liberties Union (ACLU) had sued Myriad for licensing a couple of gene sequences related to breast cancer — BRCA1 and BRCA2. The judge came back today and ruled that human gene sequences in and of themselves are not patentable subject matter, and thus the patents are invalid. This case will now make its way to the CAFC (the US Court of Appeals of the Federal Circuit), and then on to the Supreme Court.This could be a landmark change. Diamond v. Chakrabarty started the gene patent story, and the Myriad ruling could be a major chapter in it. The smart money is not on ACLU’s side yet, but things could change in the next year or two.With the Bilski decision due any day (could come as soon as the day after tomorrow), we are in for some interesting times in the patenting world.