468 FBF: Supreme Court Victory Against Gene Patenting with Genae Girard

Welcome to this week's edition of Flashback Friday. Your opportunity to get some good review by listening to episodes from the past.

That Jason has hand picked to help.

You today in the present and propel you into the future. Enjoy.

Welcome to the Holistic Survival show with Jason Hartman. The economic storm brewing around the world is set to spill into all aspects of our lives. Are you prepared? Where are you going to turn for the critical life skills necessary to survive and prosper? The Holistic Holistic Survival show is your family's insurance for a better life. Jason will teach you to think independently, to understand threats and how to create the ultimate action plan. Sudden change or worst case scenario, you'll be ready. Welcome to Holistic Survival, your key resource for protecting the people, places and profits you care about in uncertain times. Ladies and gentlemen, your host, Jason Hartman.

Welcome to the Holistic Survival Show. This is your host, Jason Hartman, where we talk about protecting the people, places and profits you care about in these uncertain times. We have a great interview for you today and we will be back with that in less than 60 seconds on the Holistic Survival Show. And by the way, be sure to visit our website@holisticsurvival.com you can subscribe to. Our blog, which is totally free, has loads of great information and there's just a lot of good content for you on the site. So make sure you take advantage of that@holisticsurvival.com we'll be right back. It's my pleasure to welcome Janee Girard to the show. Janay was the lead plaintiff in the recent Supreme Court case where there was a unanimous decision which ruled that the human gene patenting was unconstitutional. I am very glad to talk about this on the show. And she was featured on 60 Minutes on Infowars with Alex Jones. And it's just great to have her here today. Janee is coming to us from Austin, Texas, a great place. And Janee, how are, how are you doing?

I can't complain. I really appreciate you having me on your show.

Well, it's good to have you. I have long been weary of companies like Monsanto and other big players in the corporatocracy who think that they can patent nature. And I've really struggled with this. On the one hand, you think, well, patent law, the fact that you can protect intellectual property, that's something that creates a lot of research and development where people and companies wouldn't bother to research these things and think of these ideas and do this stuff and that leads to advancement. But on the other hand, it Locks up things. And you have these entire businesses that are based around the concept of what's called patent trolling, where they just look to sue people and companies for patent violations, which are sometimes pretty ridiculous, frankly. So tell us your story and what happened and how this case got into court and how you played a part in it, if you would.

Well, basically, the reason I got involved was I was diagnosed at 36 with breast cancer. And so at that time, they wanted me to go ahead and take the BRCA1 and BRCA2 test, which is exactly what we're talking about with Myriad Laboratory. They were the only ones that could run the test because they had a patent on these genes. These are the breast cancer genes. If you're BRCA1 positive, that means you have an 8 times higher likelihood of a reoccurrence. If you're BRCA2 positive, you have an 8 times higher likelihood of not only getting a breast cancer reoccurrence, but also ovarian cancer. So being so young, they were very, very concerned because a lot of times when you're young, it can be more aggressive because it's estrogen fed a lot of these cancers. So I wanted to. And I was encouraged to take the test to see what my odds were. If they were higher than your average bear, if you will, and if that was the case, then I could make some decisions based on that. They were pretty radical, really. So my father, being a physician and a radiologist, I had a second opinion along the way with everything, my biopsies, my testing, my lab testing. And so I wanted a second opinion because I came back BRCA2 positive with Myriad. Well, they indicated that I couldn't get a second test run, nor would my insurance pay for it. Well, if I have to make the decision to get a double mastectomy and my ovaries out and not, you know, that's the finalization of not having children, especially being young. And I didn't have any children, nor do I now. I mean, that was a really big deal. And I couldn't fathom that one. Only one company could run it. So we, you know, kind of dug into it and found out that other companies actually have the technology to run it. But because Myriad had the patent, they could slap a cease and desist order for anybody else that tried to run the test.

So what does this test do then? I mean, explain their patent a little bit more. And I want to ask you actually to take the side of the company and just indulge that for just a moment, like what did they do to deserve this patent? Half a billion dollars? Researching something that led to this test that wasn't there before?

No, and that's a really good question. You know, I'm an entrepreneur and have been all of my life. If this patent was on the technology, I wouldn't have a problem with that. The original testing came from the University of Utah. And then the scientists from the University of Utah got together with a private corporation that had discovered the genes, and then they applied for the patent and our US government allowed it.

Huh. So another, I mean, patenting the genome in general, I guess companies just had to spend a bunch of money figuring out and mapping the genome. Right. And so certain companies just took parts of it and other companies took other parts and then they all applied for their various patents. Is that what happened?

I don't know how many other companies applied for patents, to be honest with you. But I know that there were. When the court case started, there were 20 other genes in a queue to be patented. And these revolved around things like hearing loss research, you know, eyesight issues, ms, all sorts of things. And so many companies were trying to patent just like myriad. And it's a really big problem because it's unconstitutional to patent anything that exists in nature. Well, why isn't our DNA part of nature? It's really hard to fathom.

Well, yeah, I completely agree, but who says it's unconstitutional? Just the recent Supreme Court decision. Because you look at a company like Monsanto and I think what they're doing in some cases, just pure evil. The fact that they're attacking these small farmers and I don't know, it's just hard for me to understand. As a capitalist like you, I am a total believer in capitalism. Okay. I think it's the greatest thing ever. It's a. It's created more human liberty than any other system, easily. But this really isn't capitalism. This is cronyism. It really is like. Yeah, but, but you know, who says it's unconstitutional to patent nature? Just. Is that something that you're saying? Is it something that came out of this case with the Supreme Court struck down their patent? Right. That's what ultimately happened.

Yeah, I mean, it's in the Constitution and it's in our laws. So I'm not sure exactly how they got away with it, but they basically took a gene sequence. One of the judges made a really good point. He said, just because you extract a leaf from a tree doesn't mean that you can patent that. And so that's really what he was saying is just because you extract DNA or a genome subset, it's still nature. So, I mean, he simplified it, but it made pure sense to me. And, you know, this was not an easy. This is not an easy sell to the public because people didn't understand what the case was about. They couldn't understand that a company was allowed to patent a part of the body. And then myself and four other plaintiffs, there were five total. When we would talk about it, like you said, go on 60 minutes, etcetera, people were just dumbfounded that that could even happen. So when we would talk about it and go in the public, in the public eye, it was a really difficult thing for people to understand. So, however, we did have what's called Friends of the Court. We had about 150 various entities, including the American Medical association, some really big folks that got behind this case. And that was a big deal, too, because they wrote about it in their publications and tried to get the word out. But this really isn't just about breast cancer. This really impacts all areas of medicine in research. And isn't it scary to think that one company, Myriad, has banked all of our breast cancer BRCA1 and BRCA2 data? There could be certain genetic components that we don't know about. There could be certain areas in the country that are more prone to it because of contaminated water. I mean, they have all of the data, and they're not required to give it up.

Wow, that seems like it should just be something in the public domain. So how did this case happen? I mean, you wanted to get this test. Just kind of take us through the chronology of what happened real quickly. You wanted to get this test. You were told your insurance wouldn't pay for it, it cost $3,600, and you just intuitively knew it should cost less, right?

Yes. Yeah, I've been in the medical industry and veterinary industry pretty much. That was my company. And, you know, I know. I know what lab tests cost, and I. I know everything about it, but I had the test run the first time, so my insurance said yes, and that was fine. But then that second one where I wanted the second opinion because, hey, I was gonna have to have these drastic measures, you know, they wouldn't do it, and my insurance wouldn't cover it. Some of the other plaintiffs in the case, like each of us, had a different role, if you will.

Yeah, wait just a moment before you talk about that. So what happened next? What did you do? You went and you saw a lawyer?

No, actually, the ACLU has A woman's Right project. And somebody that I know was actually. They requested her to come in and do an interview to be a possible plaintiff. And she mentioned me because I was one of the people that had a different experience. And so because, you know, I look like everybody's sister or mom or whatever. You know, I look average, plus I. I'm a decent speaker. They thought I would be or play a pretty good role in trying to get the message across. And so they interviewed me. And so that's how that occurred. It was through the aclu.

Okay. And the ACLU took the case. And where did it go? It went to a local court, probably in Texas, and then up to a federal court and then to the Supreme Court. What was that series of events?

It went from a state court in New York to a federal court, up to the Supreme Court. Supreme Court rejected. It went back to the federal court. Federal court ruled against, and then it went back up to the Supreme Court. It was just like. It's been just terrible. I mean, it's been three years of my life. It's amazing, our court system, you know, it's pretty bad.

You know, it's a mess. But when, when. When did the Supreme Court ruling happen in your favor?

It was two months ago.

Two months ago. Okay. And so the outcome of that is what? It means that they don't hold the patent anymore, Right. The patent was rendered invalid. Is that what's happened?

That's correct. And it was also found that other companies cannot patent genes. They can't patent genetic portions within our DNA.

I mean, that's a massive change. I mean, your case, and I know it's not just you, there are many other plaintiffs, of course, but this case probably had a huge impact on the stock market, I would assume, on these biotech companies and their stock values. Right.

You would think so. And you would think that people would vote them out, so to speak. But it didn't have as big as impact as I thought it would in the stock market, believe it or not. You would think so.

I mean, that had to just change business plans of all these biotech companies that were probably hinging on the value of these patents, right?

Well, yes. I mean, a lot of them had to switch gears and put their focus, you know, in other areas of research.

Yeah. On more legitimate things. Right. Unbelievable. Unbelievable. What else would you like people to know about this?

Well, you know, really, that it really impacts. I mean, it was a landmark case, in my opinion. It impacts research. I believe that it's going to further research in Medicine by opening up the door and not having these monopolies where they gouge patients and insurance companies. I'm hoping that those days are over. At least in the world of DNA testing. I think it should be widely available so that patients can make decisions based on what their best interest is. Just in the breast cancer world alone, over 120,000 women are diagnosed each year, and that's huge. And so to have this monopoly, you know, I knew a number of women that were in queues in their counties and respective cities that couldn't afford it, and they were waiting to try to get on a waiting list to get the test. Well, you can't wait when you have cancer. I mean, you've got to jump on it. You've got to make decisions. You've got to educate yourself the best you can. And it really is going to impact a number of areas of medicine. I mean, we've already seen it start to happen.

That's the old thing about socialized medicine, is that they just let people die waiting in line because the treatments are. They're doled out so slowly that, you know, that's been the thing everybody's talked about about the British system for so many years. But that's something else. That's really something else. Are there any other areas? I mean, I'm sure as you were occupied with this case, and congratulations to you and to really to all of us, so thank you for fighting the good fight. But are there any other areas where this is prevalent? I think the Monsanto example is a good one with these hybrid seeds that they've got that, you know, is also patenting nature. And what this is for people who don't know is, as I understand it, is these seeds that don't regenerate on purpose. They're designed that way so that you have to buy them next time around from Monsanto again. And there have been cases where these have blown into other fields of a neighboring farm and Monsanto has sued this poor little farmer out of business. You know, they just can't. They can't fight the fight. They can't. They don't have a legal team. And it's just unbelievable, you know. But are there other areas where there's these. These abusive patent practices like this?

Mainly the ones that I'm familiar with were the ones that were in the queue, you know, that revolved around research and development and drugs for different, you know, different disease and different things like that. Those are the ones that I'm aware of that were basically stopped from being Able to patent other types of genes. And it's, you know, it's hugely, hugely important because, you know, to retard research and to have a monopoly, it's just. It's ridiculous. There's so many pharmaceutical companies even now, I mean, that have. That have exclusive development, and, you know, some of the drugs aren't going generic. They block them. For example, there was one company, the purple pill, as everybody knows. Well, Pfizer, there's a company that came out with a generic purple pill. Well, they, you know, Pfizer fought it because they were having like, $100 million in sales a day. Well, to cost, you know, the cost of a lawyer to go out and block this company just because the purple. They said it was trademarked because the color, you know, that cost him nothing.

So you mean it didn't do the same thing that Viagra did? It was just a.

No, purple pill is Prilosec. It's for.

Oh, I thought that was Viagra's blue. Right, okay. Yeah, the little blue pill. Okay. Sorry, I got the wrong one. Yeah. I mean, the most famous drug in the world has definitely got to be Viagra. You know, it's like the butt of every other joke. Right. So was it just the naming that you're talking about, or was it.

It was what, the color the generic came out in Purple.

Yeah. Yeah. But did the generic do the same thing as Pradosec?

Okay, it did, but what I'm saying is Pfizer could pay some lawyers a few thousand bucks to block it for a while. And why wouldn't they? Because they make $100 million a day.

Right, but, you know, that seems like kind of a different issue. I mean, tell me if I'm wrong, but, I mean, I think it's okay that pharmaceutical companies can patent drugs because someone's got to be willing to do the research, and they're never going to get the funding to do the research, you know, unless they can protect it for a certain amount of time and. And get a head start. I mean, that's what the. That's what the original whole concept of patent law was, and it seemed legit in its essence.

I believe. I believe it's. I believe the limit's 22 years, and I agree with you. However, what I'm saying is, I'm trying to tell you the power that these pharmaceutical and research companies have in the market. The generic came out legally, but they blocked it because it was purple.

Oh, okay. Okay. That's what you're saying. That's a good distinction. Okay, I get it.

Yeah. It's just they have a lot of power. They have a lot of power. Myriad, for example, was doing 100 tests a day of the BRCA1 and BRCA2 at $3,600.

Yeah.

Per day.

Do you ever think, as I'm beginning to think, that some of these illnesses are almost intentionally created because they're such big business? I mean, I hear commercials constantly for cancer centers on just regular AM radio. What is this really the way, you know, what our medical treatments devolved into, you know?

Well, I have to tell you, Well, I have 36,000 followers around the country, and I hear horror stories all the time of mistakes and problems that are occurring in our medical industry. I mean, it's pretty scary. You really have to be your own advocate and protect yourself through doing research and educating yourself. It's really the only way.

Yeah, yeah, Completely agree, completely agree.

But what I wanted to tell you is, well, what is it? One in two people in our country now get cancer, which is ridiculous, but it's absurd.

I mean, it's got to be. You know, you just got to wonder if. If the food manufacturers are in cahoots with the cure providers in. In any field, not just cancer, but in, you know, in heart disease and everything. I mean, look at all the junk that's in our food. And why is. Why is everybody getting sick? This is crazy. I mean, it should be the opposite. We're in this modern world. People should be living better.

This is scary, too. The biggest import of illegal drugs is oncology drugs.

Really? Or is that from Canada?

No, they come in from Miami at the port of Miami. And what companies will do in Latin America, they will take a vial of an oncology drug because, you know, they can be $1200 for a little 30ml vial. What they do is they put in sodium chloride, they cut the drug by half, put in sodium chloride, put a hologram on them that matches the lot number and the hologram of the manufacturer, and they send them in through the port. So that is the highest illegally trafficked, way over cocaine, way over marijuana, anything like that, because it's more lucrative.

Unbelievable. Yeah. I mean, you can't sell a vial of marijuana for $1,200. Right, right. That's unbelievable. Crazy, crazy, crazy, crazy, crazy.

I know.

Yeah. Well, give out your website, Janae, and tell people where they can find her. Maybe you've got a Twitter handle as well.

Yeah, they can go to. It's beyondtheboobytrap. B o o b I e. Trap Beyondtheboobytrap.com that is basically also where my book is sold. It's called off the Rack chronicles of a 30something single Breast cancer Survivor and it's on Amazon as well and on Barnes and Noble and you can pretty much find it everywhere. But we have a really strong community they can find on that website and there's a lot of great postings and writings on that site that they can go to. They can also contact us through that site too.

Fantastic. Well, Janae, keep up the good work and keep getting the word out there about this. It's a great thing and it's just great to see that the Supreme Court ruled in your favor and that helped a lot of people.

Well, thanks, Jason. I really appreciate you having me on here so that we can talk about this and just get other people knowing about what's going on and educated about what's going on because we get lost in our daily lives and sometimes we never hear about things like this.

It's very important stuff. Thanks for joining us, Janee.

Thank you.

What's great about the shows you'll find on jasonhartman.com is that if you want to learn about investing in and managing income properties for college students, there's a show for that. If you want to learn how to get noticed online and in social media, there's a show for that. If you want to know how to save on life's largest expense, there's a show for that. And if you'd like to know about America's crime of the century, there's even a show for that. Yep, there's a show for just about anything only from jasonhartman.com or type in Jason Hartman in the iTunes store.

Thank you for joining us today for the Holistic Survival show protecting the people, places and profits you care about in uncertain times. Be sure to listen to our Creating wealth show, which focuses on exploiting the financial and wealth creation opportunities in today's economy. Learn more at www.jasonhartman.com or search Jason Hartman on itunes. This show is produced by the Hartman Media Company, offering very general guidelines and information. Opinions of guests are their own and none of the content should be considered individual advice. If you require personalized advice, please consult an appropriate professional information deemed reliable but not guaranteed.