The Vaccinated Are Now Patented Property, Says The Supreme Court

Are You On Somebody’s Patent List?

The text below is from the Supreme Court that says, you CANNOT patent DNA! But, those who get vaccinated have their DNA turned into something patentable…the Supreme Court ruled that if a human genome is modified by mRNA vaccines (which are currently in use), then the genome can be patented. Is this how they decided to execute their plan of depopulation by vaccine. You can download the PDF, a good idea, so you’ll have this information.

They forget to mention that the Covid Vaccine has killed as much as 50,000 people.

You can read the original by Debra Heine here.

I broke the text into smaller paragraphs to make it easier to read. If you want to have it in its original form, click the link below to get the PDF.

If you get vaccinated with mRNA vaccines, your genome can be patented.

The MARXIST regime currently installed in the White House is a THREAT to the freedom of The United States. DO NOT GET VACCINATED, we can no longer put up with this subversion!

Depopulation By Vaccine

There were about 6,000,000 other people who had NUMBERS written on them as well…what happened to them?

Supreme Court Ruling

OCTOBER TERM, 2012
Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES
Syllabus ASSOCIATION FOR MOLECULAR PATHOLOGY ET AL. v. MYRIAD GENETICS, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 12–398. Argued April 15, 2013—Decided June 13, 2013 Each human gene is encoded as deoxyribonucleic acid (DNA), which takes the shape of a “double helix.”

Each “cross-bar” in that helix consists of two chemically joined nucleotides. Sequences of DNA nu- cleotides contain the information necessary to create strings of amino acids used to build proteins in the body. The nucleotides that code for amino acids are “exons,” and those that do not are “introns.”

Sci- entists can extract DNA from cells to isolate specific segments for study. They can also synthetically create exons-only strands of nu- cleotides known as complementary DNA (cDNA). cDNA contains only the exons that occur in DNA, omitting the intervening introns. Respondent Myriad Genetics, Inc. (Myriad), obtained several pa- tents after discovering the precise location and sequence of the BRCA1 and BRCA2 genes, mutations of which can dramatically in- crease the risk of breast and ovarian cancer.

This knowledge allowed Myriad to determine the genes’ typical nucleotide sequence, which, in turn, enabled it to develop medical tests useful for detecting muta- tions in these genes in a particular patient to assess the patient’s cancer risk.

If valid, Myriad’s patents would give it the exclusive right to isolate an individual’s BRCA1 and BRCA2 genes, and would give Myriad the exclusive right to synthetically create BRCA cDNA. Petitioners filed suit, seeking a declaration that Myriad’s patents are invalid under 35 U. S. C. §101.

As relevant here, the District Court granted summary judgment to petitioners, concluding that Myriad’s claims were invalid because they covered products of nature. The Federal Circuit initially reversed, but on remand in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U. S. _, the Circuit found both isolated DNA and cDNA patent eligible.

2 ASSOCIATION FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC.

Syllabus
Held: A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring. Pp. 10–18. (a) The Patent Act permits patents to be issued to “[w]hoever in- vents or discovers any new and useful . . . composition of matter,” §101, but “laws of nature, natural phenomena, and abstract ideas” “ ‘are basic tools of scientific and technological work’ ” that lie beyond the domain of patent protection, Mayo, supra, at .

The rule against patents on naturally occurring things has limits, however. Patent protection strikes a delicate balance between creating “incen- tives that lead to creation, invention, and discovery” and “imped[ing] the flow of information that might permit, indeed spur, invention.” Id., at .

This standard is used to determine whether Myriad’s pa- tents claim a “new and useful . . . composition of matter,” §101, or claim naturally occurring phenomena. Pp. 10–11. (b) Myriad’s DNA claim falls within the law of nature exception. Myriad’s principal contribution was uncovering the precise location and genetic sequence of the BRCA1 and BRCA2 genes.

Diamond v. Chakrabarty, 447 U. S. 303, is central to the patent-eligibility inquiry whether such action was new “with markedly different characteris- tics from any found in nature,” id., at 310. Myriad did not create or alter either the genetic information encoded in the BCRA1 and BCRA2 genes or the genetic structure of the DNA.

It found an im- portant and useful gene, but groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry. See Funk Brothers Seed Co. v. Kalo Inoculant Co., 333 U. S. 127. Finding the location of the BRCA1 and BRCA2 genes does not render the genes patent eligible “new . . . composition[s] of matter,” §101. Myri- ad’s patent descriptions highlight the problem with its claims:

They detail the extensive process of discovery, but extensive effort alone is insufficient to satisfy §101’s demands. Myriad’s claims are not saved by the fact that isolating DNA from the human genome severs the chemical bonds that bind gene molecules together.

The claims are not expressed in terms of chemical composition, nor do they rely on the chemical changes resulting from the isolation of a particular DNA section. Instead, they focus on the genetic information encoded in the BRCA1 and BRCA2 genes.

Finally, Myriad argues that the Patent and Trademark Office’s past practice of awarding gene patents is en- titled to deference, citing J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., 534 U. S. 124, a case where Congress had endorsed a PTO practice in subsequent legislation. There has been no such endorse- ment here, and the United States argued in the Federal Circuit and in this Court that isolated DNA was not patent eligible under §101. Pp. 12–16.

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Syllabus (c) cDNA is not a “product of nature,” so it is patent eligible under §101. cDNA does not present the same obstacles to patentability as naturally occurring, isolated DNA segments. Its creation results in an exons-only molecule, which is not naturally occurring.

Its order of the exons may be dictated by nature, but the lab technician unques- tionably creates something new when introns are removed from a DNA sequence to make cDNA. Pp. 16–17. (d) This case, it is important to note, does not involve method claims, patents on new applications of knowledge about the BRCA1 and BRCA2 genes, or the patentability of DNA in which the order of the naturally occurring nucleotides has been altered. Pp. 17–18. 689 F. 3d 1303, affirmed in part and reversed in part.

THOMAS, J., delivered the opinion of the Court, in which ROBERTS, C. J., and KENNEDY, GINSBURG, BREYER, ALITO, SOTOMAYOR, and KAGAN, JJ., joined, and in which SCALIA, J., joined in part. SCALIA, J., filed an opinion concurring in part and concurring in the judgment.

Cite as: 569 U. S. __ (2013) 1
Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Wash- ington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES
No. 12–398
ASSOCIATION FOR MOLECULAR PATHOLOGY,
ET AL., PETITIONERS v. MYRIAD
GENETICS, INC., ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FEDERAL CIRCUIT
[June 13, 2013]
JUSTICE THOMAS delivered the opinion of the Court. Respondent Myriad Genetics, Inc. (Myriad), discovered the precise location and sequence of two human genes, mutations of which can substantially increase the risks of breast and ovarian cancer. Myriad obtained a number of patents based upon its discovery.

This case involves claims from three of them and requires us to resolve whether a naturally occurring segment of deoxyribonucleic acid (DNA) is patent eligible under 35 U. S. C. §101 by virtue of its isolation from the rest of the human genome.

We also address the patent eligibility of synthetically created DNA known as complementary DNA (cDNA), which contains the same protein-coding information found in a segment of natural DNA but omits portions within the DNA segment that do not code for proteins.

For the rea- sons that follow, we hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring. We, therefore, affirm in part and reverse in part the decision of

2 ASSOCIATION FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC.

Opinion of the Court
the United States Court of Appeals for the Federal Circuit. I
A
Genes form the basis for hereditary traits in living organisms. See generally Association for Molecular Pa- thology v. United States Patent and Trademark Office, 702 F. Supp. 2d 181, 192–211 (SDNY 2010). The human ge- nome consists of approximately 22,000 genes packed into 23 pairs of chromosomes. Each gene is encoded as DNA, which takes the shape of the familiar “double helix” that Doctors James Watson and Francis Crick first de- scribed in 1953. Each “cross-bar” in the DNA helix con- sists of two chemically joined nucleotides.

The possible nucleotides are adenine (A), thymine (T), cytosine (C), and guanine (G), each of which binds naturally with another nucleotide: A pairs with T; C pairs with G. The nucleotide cross-bars are chemically connected to a sugar-phosphate backbone that forms the outside framework of the DNA helix. Sequences of DNA nucleotides contain the infor- mation necessary to create strings of amino acids, which in turn are used in the body to build proteins.

Only some DNA nucleotides, however, code for amino acids; these nucleotides are known as “exons.” Nucleotides that do not code for amino acids, in contrast, are known as “introns.” Creation of proteins from DNA involves two principal steps, known as transcription and translation. In tran- scription, the bonds between DNA nucleotides separate, and the DNA helix unwinds into two single strands.

A single strand is used as a template to create a complemen- tary ribonucleic acid (RNA) strand. The nucleotides on the DNA strand pair naturally with their counterparts, with the exception that RNA uses the nucleotide base uracil (U) instead of thymine (T). Transcription results in a single strand RNA molecule, known as pre-RNA, whose nucleo- tides form an inverse image of the DNA strand from which

Cite as: 569 U. S. __ (2013) 3
Opinion of the Court it was created. Pre-RNA still contains nucleotides corre- sponding to both the exons and introns in the DNA mole- cule. The pre-RNA is then naturally “spliced” by the physical removal of the introns. The resulting product is a strand of RNA that contains nucleotides corresponding only to the exons from the original DNA strand.

The exons-only strand is known as messenger RNA (mRNA), which creates amino acids through translation. In trans- lation, cellular structures known as ribosomes read each set of three nucleotides, known as codons, in the mRNA. Each codon either tells the ribosomes which of the 20 possible amino acids to synthesize or provides a stop signal that ends amino acid production. DNA’s informational sequences and the processes that create mRNA, amino acids, and proteins occur naturally within cells.

Scientists can, however, extract DNA from cells using well known laboratory methods. These meth- ods allow scientists to isolate specific segments of DNA— for instance, a particular gene or part of a gene—which can then be further studied, manipulated, or used.

It is also possible to create DNA synthetically through processes similarly well known in the field of genetics. One such method begins with an mRNA molecule and uses the natural bonding properties of nucleotides to create a new, synthetic DNA molecule. The result is the inverse of the mRNA’s inverse image of the original DNA, with one important distinction: Because the natural creation of mRNA involves splicing that removes introns, the synthetic DNA created from mRNA also contains only the exon sequences.

This synthetic DNA created in the laboratory from mRNA is known as complementary DNA (cDNA). Changes in the genetic sequence are called mutations. Mutations can be as small as the alteration of a single nucleotide—a change affecting only one letter in the genetic code. Such small-scale changes can produce an entirely different amino acid or can end protein production alto-

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Opinion of the Court
gether. Large changes, involving the deletion, rearrange- ment, or duplication of hundreds or even millions of nu- cleotides, can result in the elimination, misplacement, or duplication of entire genes. Some mutations are harmless, but others can cause disease or increase the risk of dis- ease. As a result, the study of genetics can lead to valu- able medical breakthroughs.

B This case involves patents filed by Myriad after it made one such medical breakthrough. Myriad discovered the precise location and sequence of what are now known as the BRCA1 and BRCA2 genes. Mutations in these genes can dramatically increase an individual’s risk of develop- ing breast and ovarian cancer.

The average American woman has a 12- to 13-percent risk of developing breast cancer, but for women with certain genetic mutations, the risk can range between 50 and 80 percent for breast can- cer and between 20 and 50 percent for ovarian cancer. Before Myriad’s discovery of the BRCA1 and BRCA2 genes, scientists knew that heredity played a role in estab- lishing a woman’s risk of developing breast and ovarian cancer, but they did not know which genes were associated with those cancers.

Myriad identified the exact location of the BRCA1 and BRCA2 genes on chromosomes 17 and 13. Chromosome 17 has approximately 80 million nucleotides, and chro- mosome 13 has approximately 114 million. Association for Molecular Pathology v. United States Patent and Trade- mark Office, 689 F. 3d 1303, 1328 (CA Fed. 2012).

Within those chromosomes, the BRCA1 and BRCA2 genes are each about 80,000 nucleotides long. If just exons are counted, the BRCA1 gene is only about 5,500 nucleotides long; for the BRCA2 gene, that number is about 10,200. Ibid. Knowledge of the location of the BRCA1 and BRCA2 genes allowed Myriad to determine their typical nucleotide

Cite as: 569 U. S. __ (2013) 5
Opinion of the Court sequence.1 That information, in turn, enabled Myriad to develop medical tests that are useful for detecting muta- tions in a patient’s BRCA1 and BRCA2 genes and thereby assessing whether the patient has an increased risk of cancer.

Once it found the location and sequence of the BRCA1 and BRCA2 genes, Myriad sought and obtained a number of patents. Nine composition claims from three of those patents are at issue in this case.2 See id., at 1309, and n. 1 (noting composition claims). Claims 1, 2, 5, and 6 from the ’282 patent are representative.

The first claim asserts a patent on “[a]n isolated DNA coding for a BRCA1 polypeptide,” which has “the amino acid sequence set forth in SEQ ID NO:2.” App. 822. SEQ ID NO:2 sets forth a list of 1,863 amino acids that the typical BRCA1 gene encodes. See id., at 785–790. Put differently, claim 1 asserts a patent claim on the DNA code that tells a cell to produce the string of BRCA1 amino acids listed in SEQ ID NO:2. Claim 2 of the ’282 patent operates similarly.

It claims “[t]he isolated DNA of claim 1, wherein said DNA has the nucleotide sequence set forth in SEQ ID NO:1.” Id., at 822. Like SEQ ID NO:2, SEQ ID NO:1 sets forth a long list of data, in this instance the sequence of cDNA that codes for the BRCA1 amino acids listed in claim 1. Im- portantly, SEQ ID NO:1 lists only the cDNA exons in the BRCA1 gene, rather than a full DNA sequence contain- ing both exons and introns.

See id., at 779 (stating that SEQ ID NO:1’s “MOLECULE TYPE:” is “cDNA”). As a re- sult, the Federal Circuit recognized that claim 2 asserts a patent on the cDNA nucleotide sequence listed in SEQ ID —————— 1Technically, there is no “typical” gene because nucleotide sequences vary between individuals, sometimes dramatically.

Geneticists refer to the most common variations of genes as “wild types.” 2At issue are claims 1, 2, 5, 6, and 7 of U. S. Patent 5,747,282 (the ’282 patent), claim 1 of U. S. Patent 5,693,473 (the ’473 patent), and claims 1, 6, and 7 of U. S. Patent 5,837,492 (the ’492 patent).

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NO:1, which codes for the typical BRCA1 gene. 689 F. 3d, at 1326, n. 9; id., at 1337 (Moore, J., concurring in part); id., at 1356 (Bryson, J., concurring in part and dissenting in part). Claim 5 of the ’282 patent claims a subset of the data in claim 1. In particular, it claims “[a]n isolated DNA having at least 15 nucleotides of the DNA of claim 1.” App. 822.

The practical effect of claim 5 is to assert a patent on any series of 15 nucleotides that exist in the typical BRCA1 gene. Because the BRCA1 gene is thousands of nucleo- tides long, even BRCA1 genes with substantial mutations are likely to contain at least one segment of 15 nucleotides that correspond to the typical BRCA1 gene.

Similarly, claim 6 of the ’282 patent claims “[a]n isolated DNA hav- ing at least 15 nucleotides of the DNA of claim 2.” Ibid. This claim operates similarly to claim 5, except that it references the cDNA-based claim 2. The remaining claims at issue are similar, though several list common mutations rather than typical BRCA1 and BRCA2 sequences.

See ibid. (claim 7 of the ’282 patent); id., at 930 (claim 1 of the ’473 patent); id., at 1028 (claims 1, 6, and 7 of the ’492 patent). C Myriad’s patents would, if valid, give it the exclusive right to isolate an individual’s BRCA1 and BRCA2 genes (or any strand of 15 or more nucleotides within the genes) by breaking the covalent bonds that connect the DNA to the rest of the individual’s genome.

The patents would also give Myriad the exclusive right to synthetically create BRCA cDNA. In Myriad’s view, manipulating BRCA DNA in either of these fashions triggers its “right to exclude others from making” its patented composition of matter under the Patent Act. 35 U. S. C. §154(a)(1); see also §271(a) (“[W]hoever without authority makes . . . any patented invention . . . infringes the patent”).

Cite as: 569 U. S. __ (2013) 7
Opinion of the Court But isolation is necessary to conduct genetic testing, and Myriad was not the only entity to offer BRCA testing after it discovered the genes. The University of Pennsylvania’s Genetic Diagnostic Laboratory (GDL) and others provided genetic testing services to women.

Petitioner Dr. Harry Ostrer, then a researcher at New York University School of Medicine, routinely sent his patients’ DNA samples to GDL for testing. After learning of GDL’s testing and Ostrer’s activities, Myriad sent letters to them asserting that the genetic testing infringed Myriad’s patents. App. 94–95 (Ostrer letter). In response, GDL agreed to stop testing and informed Ostrer that it would no longer accept patient samples.

Myriad also filed patent infringement suits against other entities that performed BRCA testing, resulting in settlements in which the defendants agreed to cease all allegedly infringing activity. 689 F. 3d, at 1315. Myriad, thus, solidified its position as the only entity providing BRCA testing.

Some years later, petitioner Ostrer, along with medical patients, advocacy groups, and other doctors, filed this lawsuit seeking a declaration that Myriad’s patents are invalid under 35 U. S. C. §101. 702 F. Supp. 2d, at 186.

Citing this Court’s decision in MedImmune, Inc. v. Genen- tech, Inc., 549 U. S. 118 (2007), the District Court denied Myriad’s motion to dismiss for lack of standing. Associa- tion for Molecular Pathology v. United States Patent and Trademark Office, 669 F. Supp. 2d 365, 385–392 (SDNY 2009).

The District Court then granted summary judg- ment to petitioners on the composition claims at issue in this case based on its conclusion that Myriad’s claims, including claims related to cDNA, were invalid because they covered products of nature. 702 F. Supp. 2d, at 220– 237. The Federal Circuit reversed, Association for Molecu- lar Pathology v. United States Patent and Trademark Office, 653 F. 3d 1329 (2011), and this Court granted the petition for certiorari, vacated the judgment, and

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remanded the case in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U. S. _ (2012). See Association for Molecular Pathology v. Myriad Genet- ics, Inc., 566 U. S. _ (2012). On remand, the Federal Circuit affirmed the District Court in part and reversed in part, with each member of the panel writing separately.

All three judges agreed that only petitioner Ostrer had standing. They reasoned that Myriad’s actions against him and his stated ability and willingness to begin BRCA1 and BRCA2 testing if Myr- iad’s patents were invalidated were sufficient for Article III standing. 689 F. 3d, at 1323; id., at 1337 (opinion of Moore, J.); id., at 1348 (opinion of Bryson, J.).

With respect to the merits, the court held that both isolated DNA and cDNA were patent eligible under §101. The central dispute among the panel members was whether the act of isolating DNA—separating a specific gene or sequence of nucleotides from the rest of the chromosome—is an inventive act that entitles the individ- ual who first isolates it to a patent.

Each of the judges on the panel had a different view on that question. Judges Lourie and Moore agreed that Myriad’s claims were patent eligible under §101 but disagreed on the rationale. Judge Lourie relied on the fact that the entire DNA molecule is held together by chemical bonds and that the covalent bonds at both ends of the segment must be severed in order to isolate segments of DNA.

This process technically creates new molecules with unique chemical compositions. See id., at 1328 (“Isolated DNA . . . is a free-standing portion of a larger, natural DNA molecule. Isolated DNA has been cleaved (i.e., had covalent bonds in its backbone chemically severed) or synthesized to consist of just a fraction of a naturally occurring DNA molecule”). Judge Lourie found this chemical alteration to be dispositive, because isolating a particular strand of DNA creates a nonnaturally occurring molecule, even though the

Cite as: 569 U. S. __ (2013) 9
Opinion of the Court chemical alteration does not change the information- transmitting quality of the DNA. See id., at 1330 (“The claimed isolated DNA molecules are distinct from their natural existence as portions of larger entities, and their informational content is irrelevant to that fact.

We recog- nize that biologists may think of molecules in terms of their uses, but genes are in fact materials having a chemi- cal nature”). Accordingly, he rejected petitioners’ argument that isolated DNA was ineligible for patent protection as a product of nature. Judge Moore concurred in part but did not rely exclu- sively on Judge Lourie’s conclusion that chemically break- ing covalent bonds was sufficient to render isolated DNA patent eligible.

Id., at 1341 (“To the extent the majority rests its conclusion on the chemical differences between [naturally occurring] and isolated DNA (breaking the covalent bonds), I cannot agree that this is sufficient to hold that the claims to human genes are directed to pa- tentable subject matter”).

Instead, Judge Moore also relied on the United States Patent and Trademark Office’s (PTO) practice of granting such patents and on the reli- ance interests of patent holders. Id., at 1343. However, she acknowledged that her vote might have come out differently if she “were deciding this case on a blank can- vas.” Ibid. Finally, Judge Bryson concurred in part and dissented in part, concluding that isolated DNA is not patent eli- gible.

As an initial matter, he emphasized that the break- ing of chemical bonds was not dispositive: “[T]here is no magic to a chemical bond that requires us to recognize a new prod- uct when a chemical bond is created or broken.” Id., at 1351. Instead, he relied on the fact that “[t]he nucleo- tide sequences of the claimed molecules are the same as the nucleotide sequences found in naturally occurring human genes.” Id., at 1355. Judge Bryson then concluded that genetic “structural similarity dwarfs the significance

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Opinion of the Court
of the structural differences between isolated DNA and naturally occurring DNA, especially where the structural differences are merely ancillary to the breaking of covalent bonds, a process that is itself not inventive.” Ibid. More- over, Judge Bryson gave no weight to the PTO’s position on patentability because of the Federal Circuit’s position that “the PTO lacks substantive rulemaking authority as to issues such as patentability.” Id., at 1357.

Although the judges expressed different views concern- ing the patentability of isolated DNA, all three agreed that patent claims relating to cDNA met the patent eligibility requirements of §101. Id., at 1326, and n. 9 (recognizing that some patent claims are limited to cDNA and that such claims are patent eligible under §101); id., at 1337 (Moore, J., concurring in part); id., at 1356 (Bryson, J., concurring in part and dissenting in part) (“cDNA cannot be isolated from nature, but instead must be created in the laboratory . . . because the introns that are found in the native gene are removed from the cDNA segment”).3 We granted certiorari. 568 U. S. _ (2012). II


A
Section 101 of the Patent Act provides: “Whoever invents or discovers any new and useful . . . composition of matter, or any new and useful im- provement thereof, may obtain a patent therefor, sub- ject to the conditions and requirements of this title.” —————— 3Myriad continues to challenge Dr. Ostrer’s Declaratory Judgment Act standing in this Court.

Brief for Respondents 17–22. But we find that, under the Court’s decision in MedImmune, Inc. v. Genentech, Inc., Dr. Ostrer has alleged sufficient facts “under all the circumstances, [to] show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.” 549 U. S. 118, 127 (2007) (internal quotation marks omitted).

Cite as: 569 U. S. _ (2013) 11 Opinion of the Court 35 U. S. C. §101. We have “long held that this provision contains an im- portant implicit exception[:] Laws of nature, natural phe- nomena, and abstract ideas are not patentable.” Mayo, 566 U. S., at (slip op., at 1) (internal quotation marks and brackets omitted).

Rather, “‘they are the basic tools of scientific and technological work’” that lie beyond the domain of patent protection. Id., at _ (slip op., at 2). As the Court has explained, without this exception, there would be considerable danger that the grant of patents would “tie up” the use of such tools and thereby “inhibit future innovation premised upon them.” Id., at (slip op., at 17).

This would be at odds with the very point of patents, which exist to promote creation. Diamond v. Chakrabarty, 447 U. S. 303, 309 (1980) (Products of na- ture are not created, and “‘manifestations . . . of nature [are] free to all men and reserved exclusively to none’”). The rule against patents on naturally occurring things is not without limits, however, for “all inventions at some level embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas,” and “too broad an interpretation of this exclusionary principle could eviscerate patent law.” 566 U. S., at (slip op., at 2).

As we have recognized before, patent protection strikes a delicate balance between creating “incentives that lead to creation, invention, and discovery” and “imped[ing] the flow of information that might permit, indeed spur, in- vention.” Id., at _ (slip op., at 23). We must apply this well-established standard to determine whether Myr- iad’s patents claim any “new and useful . . . composition of matter,” §101, or instead claim naturally occurring phenomena. B It is undisputed that Myriad did not create or alter any of the genetic information encoded in the BRCA1 and

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BRCA2 genes. The location and order of the nucleotides existed in nature before Myriad found them. Nor did Myr- iad create or alter the genetic structure of DNA. In- stead, Myriad’s principal contribution was uncovering the precise location and genetic sequence of the BRCA1 and BRCA2 genes within chromosomes 17 and 13.

The question is whether this renders the genes patentable. Myriad recognizes that our decision in Chakrabarty is central to this inquiry. Brief for Respondents 14, 23–27. In Chakrabarty, scientists added four plasmids to a bacte- rium, which enabled it to break down various components of crude oil. 447 U. S., at 305, and n. 1. The Court held that the modified bacterium was patentable.

It explained that the patent claim was “not to a hitherto unknown natural phenomenon, but to a nonnaturally occurring manufacture or composition of matter—a product of hu- man ingenuity ‘having a distinctive name, character [and] use.’” Id., at 309–310 (quoting Hartranft v. Wiegmann, 121 U. S. 609, 615 (1887); alteration in original). The Chakrabarty bacterium was new “with markedly different characteristics from any found in nature,” 447 U. S., at 310, due to the additional plasmids and resultant “capac- ity for degrading oil.” Id., at 305, n. 1. In this case, by contrast, Myriad did not create anything.

To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention. Groundbreaking, innovative, or even brilliant discovery does not by itself satisfy the §101 inquiry. In Funk Broth- ers Seed Co. v. Kalo Inoculant Co., 333 U. S. 127 (1948), this Court considered a composition patent that claimed a mixture of naturally occurring strains of bacteria that helped leguminous plants take nitrogen from the air and fix it in the soil. Id., at 128–129. The ability of the bacte- ria to fix nitrogen was well known, and farmers commonly “inoculated” their crops with them to improve soil nitrogen

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Opinion of the Court levels. But farmers could not use the same inoculant for all crops, both because plants use different bacteria and because certain bacteria inhibit each other. Id., at 129– 130. Upon learning that several nitrogen-fixing bacteria did not inhibit each other, however, the patent applicant combined them into a single inoculant and obtained a patent. Id., at 130.

The Court held that the composition was not patent eligible because the patent holder did not alter the bacteria in any way. Id., at 132 (“There is no way in which we could call [the bacteria mixture a product of invention] unless we borrowed invention from the dis- covery of the natural principle itself ”). His patent claim thus fell squarely within the law of nature exception. So do Myriad’s.

Myriad found the location of the BRCA1 and BRCA2 genes, but that discovery, by itself, does not render the BRCA genes “new . . . composition[s] of matter,” §101, that are patent eligible. Indeed, Myriad’s patent descriptions highlight the problem with its claims.

For example, a section of the ’282 patent’s Detailed Description of the Invention indicates that Myriad found the location of a gene associated with increased risk of breast cancer and identified mutations of that gene that increase the risk.

See App. 748–749.4 In —————— 4The full relevant text of the Detailed Description of the Patent is as follows: “It is a discovery of the present invention that the BRCA1 locus which predisposes individuals to breast cancer and ovarian cancer, is a gene encoding a BRCA1 protein, which has been found to have no significant homology with known protein or DNA sequences. . . . It is a discovery of the present invention that mutations in the BRCA1 locus in the germline are indicative of a predisposition to breast cancer and ovarian cancer.

Finally, it is a discovery of the present invention that somatic mutations in the BRCA1 locus are also associated with breast cancer, ovarian cancer and other cancers, which represents an indicator of these cancers or of the prognosis of these cancers. The mutational events of the BRCA1 locus can involve deletions, insertions and point mutations.” App. 749.

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Opinion of the Court
subsequent language Myriad explains that the location of the gene was unknown until Myriad found it among the approximately eight million nucleotide pairs contained in a subpart of chromosome 17. See Ibid.5 The ’473 and ’492 patents contain similar language as well. See id., at 854, 947.

Many of Myriad’s patent descriptions simply detail the “iterative process” of discovery by which Myriad nar- rowed the possible locations for the gene sequences that it sought.6 See, e.g., id., at 750. Myriad seeks to import these extensive research efforts into the §101 patent- eligibility inquiry. Brief for Respondents 8–10, 34.

But extensive effort alone is insufficient to satisfy the demands of §101. Nor are Myriad’s claims saved by the fact that isolating DNA from the human genome severs chemical bonds and thereby creates a nonnaturally occurring molecule. Myr- iad’s claims are simply not expressed in terms of chemical composition, nor do they rely in any way on the chemi- cal changes that result from the isolation of a particular section of DNA.

Instead, the claims understandably focus on the genetic information encoded in the BRCA1 and —————— Notwithstanding Myriad’s repeated use of the phrase “present invention,” it is clear from the text of the patent that the various discoveries are the “invention.” 5“Starting from a region on the long arm of human chromosome 17 of the human genome, 17q, which has a size estimated at about 8 million base pairs, a region which contains a genetic locus, BRCA1, which causes susceptibility to cancer, including breast and ovarian cancer, has been identified.” Ibid.

6Myriad first identified groups of relatives with a history of breast cancer (some of whom also had developed ovarian cancer); because these individuals were related, scientists knew that it was more likely that their diseases were the result of genetic predisposition rather than other factors.

Myriad compared sections of their chromosomes, looking for shared genetic abnormalities not found in the general population. It was that process which eventually enabled Myriad to determine where in the genetic sequence the BRCA1 and BRCA2 genes reside. See, e.g., id., at 749, 763–775.

Cite as: 569 U. S. __ (2013) 15
Opinion of the Court BRCA2 genes. If the patents depended upon the creation of a unique molecule, then a would-be infringer could arguably avoid at least Myriad’s patent claims on entire genes (such as claims 1 and 2 of the ’282 patent) by isolat- ing a DNA sequence that included both the BRCA1 or BRCA2 gene and one additional nucleotide pair.

Such a molecule would not be chemically identical to the molecule “invented” by Myriad. But Myriad obviously would resist that outcome because its claim is concerned primarily with the information contained in the genetic sequence, not with the specific chemical composition of a particular molecule.

Finally, Myriad argues that the PTO’s past practice of awarding gene patents is entitled to deference, citing J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., 534 U. S. 124 (2001). See Brief for Respondents 35–39, 49–50. We disagree. J. E. M. held that new plant breeds were eligible for utility patents under §101 notwithstanding separate statutes providing special protections for plants, see 7 U. S. C. §2321 et seq. (Plant Variety Protection Act); 35 U. S. C. §§161–164 (Plant Patent Act of 1930).

After analyzing the text and structure of the relevant statutes, the Court mentioned that the Board of Patent Appeals and Interferences had determined that new plant breeds were patent eligible under §101 and that Congress had recog- nized and endorsed that position in a subsequent Patent Act amendment. 534 U. S., at 144–145 (citing In re Hib- berd, 227 USPQ 443 (1985) and 35 U. S. C. §119(f)).

In this case, however, Congress has not endorsed the views of the PTO in subsequent legislation. While Myriad relies on Judge Moore’s view that Congress endorsed the PTO’s position in a single sentence in the Consolidated Appro- priations Act of 2004, see Brief for Respondents 31, n. 8; 689 F. 3d, at 1346, that Act does not even mention genes, much less isolated DNA. §634, 118 Stat. 101 (“None of the funds appropriated or otherwise made available under this

16 ASSOCIATION FOR MOLECULAR PATHOLOGY v. MYRIAD GENETICS, INC.

Opinion of the Court
Act may be used to issue patents on claims directed to or encompassing a human organism”). Further undercutting the PTO’s practice, the United States argued in the Federal Circuit and in this Court that isolated DNA was not patent eligible under §101, Brief for United States as Amicus Curiae 20–33, and that the PTO’s practice was not “a sufficient reason to hold that isolated DNA is patent-eligible.” Id., at 26. See also id., at 28–29.

These concessions weigh against deferring to the PTO’s determination.7 C cDNA does not present the same obstacles to patentabil- ity as naturally occurring, isolated DNA segments. As already explained, creation of a cDNA sequence from mRNA results in an exons-only molecule that is not natu- rally occurring.8 Petitioners concede that cDNA differs from natural DNA in that “the non-coding regions have —————— 7Myriad also argues that we should uphold its patents so as not to disturb the reliance interests of patent holders like itself.

Brief for Respondents 38–39. Concerns about reliance interests arising from PTO determinations, insofar as they are relevant, are better directed to Congress. See Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U. S. , (2012) (slip op., at 22–24). 8Some viruses rely on an enzyme called reverse transcriptase to re- produce by copying RNA into cDNA.

In rare instances, a side effect of a viral infection of a cell can be the random incorporation of fragments of the resulting cDNA, known as a pseudogene, into the genome. Such pseudogenes serve no purpose; they are not expressed in protein creation because they lack genetic sequences to direct protein expres- sion. See J. Watson et al., Molecular Biology of the Gene 142, 144, fig. 7–5 (6th ed. 2008).

Perhaps not surprisingly, given pseudogenes’ apparently random origins, petitioners “have failed to demonstrate that the pseudogene consists of the same sequence as the BRCA1 cDNA.” Association for Molecular Pathology v. United States Patent and Trademark Office, 689 F. 3d 1303, 1356, n. 5 (CA Fed. 2012). The possibility that an unusual and rare phenomenon might randomly create a molecule similar to one created synthetically through human ingenuity does not render a composition of matter nonpatentable.

Cite as: 569 U. S. __ (2013) 17
Opinion of the Court been removed.” Brief for Petitioners 49. They neverthe- less argue that cDNA is not patent eligible because “[t]he nucleotide sequence of cDNA is dictated by nature, not by the lab technician.” Id., at 51. That may be so, but the lab technician unquestionably creates something new when cDNA is made. cDNA retains the naturally occurring exons of DNA, but it is distinct from the DNA from which it was derived.

As a result, cDNA is not a “product of nature” and is patent eligible under §101, except insofar as very short series of DNA may have no intervening introns to remove when creating cDNA. In that situation, a short strand of cDNA may be indistinguishable from natural DNA.9 III It is important to note what is not implicated by this decision.

First, there are no method claims before this Court. Had Myriad created an innovative method of manipulating genes while searching for the BRCA1 and BRCA2 genes, it could possibly have sought a method pat- ent. But the processes used by Myriad to isolate DNA were well understood by geneticists at the time of Myriad’s patents “were well understood, widely used, and fairly uniform insofar as any scientist engaged in the search for a gene would likely have utilized a similar approach,” 702 F. Supp. 2d, at 202–203, and are not at issue in this case.

Similarly, this case does not involve patents on new applications of knowledge about the BRCA1 and BRCA2 genes. Judge Bryson aptly noted that, “[a]s the first party with knowledge of the [BRCA1 and BRCA2] sequences, Myriad was in an excellent position to claim applications of that knowledge. Many of its unchallenged claims are —————— 9We express no opinion whether cDNA satisfies the other statutory requirements of patentability. See, e.g., 35 U. S. C. §§102, 103, and 112; Brief for United States as Amicus Curiae 19, n. 5.

18 ASSOCIATION FOR MOLECULAR PATHOLOGY v.
MYRIAD GENETICS, INC.

Opinion of the Court
limited to such applications.” 689 F. 3d, at 1349. Nor do we consider the patentability of DNA in which the order of the naturally occurring nucleotides has been altered. Scientific alteration of the genetic code presents a different inquiry, and we express no opinion about the application of §101 to such endeavors.

We merely hold that genes and the information they encode are not patent eligible under §101 simply because they have been isolated from the surrounding genetic material. * * * For the foregoing reasons, the judgment of the Federal Circuit is affirmed in part and reversed in part.
It is so ordered.

SCALIA, J., concurring

Cite as: 569 U. S. __ (2013) 1
Opinion of SCALIA, J. SUPREME COURT OF THE UNITED STATES
No. 12–398
ASSOCIATION FOR MOLECULAR PATHOLOGY,
ET AL., PETITIONERS v. MYRIAD
GENETICS, INC., ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FEDERAL CIRCUIT
[June 13, 2013]


JUSTICE SCALIA, concurring in part and concurring in the judgment. I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opin- ion going into fine details of molecular biology. I am un- able to affirm those details on my own knowledge or even my own belief.

It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.

Peace, Love & Blessings To All!

Oliver

Woke Inc. – Coca-Cola Blowing Woke Smoke Up Your Ass, So You’ll Be Less White!

Coca-Cola Propaganda

Coke Too Woke For America…I’ve never liked Coca-Cola, it may have been my instincts that were SCREAMING at me, so I would listen, or it could have been the taste, which I think is like drinking flat soda. I’ve always preferred Pepsi, but I don’t drink that either…the only soda I drink is Club Soda.

Coke, aside from the HUMAN RIGHTS violations they strive to achieve in China, or the obesity and Diabetes they cause WORLDWIDE, is also used to clean rust off of metal. What do you think it does to your insides??

I’ve known that Coke would remove rust from metal for most of my life. When I was younger, I didn’t realize how easily it removes rust from metal. Imagine what it does to the inside of our bodies, it’s the kind of thought that you file away to process at a later time.

My mother, kept me off of soda, or as we called it in Boston, Tonic. She knew that it was a harmful product, just as she especially knew that sugar was a bad thing.

Coke Removes Rust

Coke Cleaning Rust

Cocaine-Cola

I’m not sure of how many people are aware of how the name Coca-Cola came to be?

In May 1886, Coca-Cola was invented by Doctor John Pemberton, a pharmacist from Atlanta, Georgia, (That’s a bit ironic, after Coke became “Woke“). According to the Coca-Cola Company, Pemberton developed the syrup for the famed beverage, which was sampled at the local Jacob’s Pharmacy and deemed to be “excellent.”

The syrup was combined with carbonated water to create a new “Delicious and Refreshing” drink. Pemberton concocted the famed Coca-Cola formula in a three-legged brass kettle in his backyard. 

The name of Coca-Cola was a suggestion given by Pemberton’s bookkeeper Frank Robinson. As the recipe for the syrup called for coca leaf extract (this is the plant that Cocaine is made from) and caffeine from the kola nut.

After Cocaine became illegal, Coke still had something in their syrup sludge that was MORE addictive than Cocaine…PROCESSED SUGAR!

Psychology Today defines a person with addiction as: “[someone who] uses a substance or engages in a behavior, for which the rewarding effects provide a compelling incentive to repeat the activity, despite detrimental consequences. Addiction may involve the use of substances such as alcohol, inhalants, opioids, cocaine, sugar and nicotine, or behaviors such as gambling.”

This definition of addiction, can be applied to many behaviors in life. Dwell on that for a while and you might see what I’m talking about. All behaviors have a root cause, once you find that root cause, it’s easier to deal with whatever “addiction” you might be dealing with.

US Politicians & Others Colluding With The Chinese Communist Party

  • Beijing Biden
  • Hunter Biden
  • The Biden Crime Family
  • Eric Swallwell
  • Dianne Feinstein
  • Mitch McConnell (A post about him and his wife’s business, coming soon)

How To Be Less White By Coca-Cola

Coke Too Woke, Be Less White
Coke Too Woke – How To Be Less White

To Be Less White Is To:

  • Be Less Oppressive
  • Be Less Arrogant
  • Be Less Certain
  • Be Less Defensive
  • Be Less Ignorant
  • Be More Humble
  • Listen
  • Believe
  • Break With Apathy
  • Break With White Solidarity

The funny thing about that list is that it sounds like it was created by some Marxist at Black Lives Matter. It’s a divisive tool and NOTHING more. There’s more:

Confronting Racism

  • Understanding What It Means To Be White
  • Challenging What It Means To Be Racist

“In the US and other Western nations, white people are socialized to feel that they are inherently superior because they are white.

Research shows that by age 3 to 4, children understand that it is better to be white.”

What a load of horseshit that is! Racism is Taught, LOVE Is Not! Speaking of something being inherent…that is LOVE. Don’t let these “woke” knuckleheads steer you from the correct path.

Be Good, Love All, Forgive All, it’s not hard. Do not worry, it does NOBODY any good. The more you worry, the more you’ll get to worry about.

I DO forgive those at Coca-Cola and all like them, that worship a different god, that would be the god of the bottom line…money. Just because you forgive a company like Coke, doesn’t mean you can’t expose their wrong doing…they are doing wrong, that is an unmistakable fact.

Put your life in the Hands Of God, and you’ll remain stalwart on your path.

This is the driving force behind Coca-Cola’s lack of anything good!

Coke Too Woke To Care About Anything Except Their Stock Price
Coke Cares About One Thing, The Price Of Their Stock

“Pretend To Care About Something Other Than Profit Or Power Precisely To Gain More Of Each” – Vivek Ramaswamy

Coca-Cola Propaganda or CCP for short

Coke Too Woke Video Transcription

From FOX – Bill Hemmer

Bill:

Now there is new fallout for an iconic American brand, Coca-Cola going all woke, and it’s messaging to Americans, especially concerning Georgia’s voting laws. Now, there’s a new nonprofit calling the company out for hypocrisy. The group is called Consumer Research launching that campaign, pointing out that coke has been silent on human rights abuses in China, even as it takes a far-left stance here at home.

Vivek Ramaswamy is an entrepreneur and author of the forthcoming book, Woke Inc it’ll be out second week in August. Vivek, welcome back here. I mean listen, your entire book is about this concept. What do you make of the push back now?

Vivek:

Well look, I think Coca-Cola, Bill, is among those companies that has mastered the art of blowing woke smoke, that is using progressive values to cover up their actual business practices.

It’s a lot easier for them to talk about voting laws in Georgia than it is to reduce their own reliance on slave labor in China. It’s a lot easier for them to teach their employees how to be less white than it is to reckon with their own role in fueling, a nationwide epidemic of diabetes and obesity by the way, in the black community that they profess to care so much about.

When these CEO’s weighed into politics Bill, they try to have it both ways. They want to force their values down our throats, but without democratic accountability. That’s why I like what Consumer Research is doing, they say you don’t get to have it both ways? If you’re going to wade into politics, then we’re going to hold you politically accountable and not allow you to avoid debate on these contentious social issues.

Bill:

You know I’ve seen your book, I’ve read it. We’ve had a long conversation about it. Your premise is this: “Pretend to care about something other than profit or power precisely to gain more of each”. Does that fit in here?

Vivek:

That’s exactly right, I mean look. Coca-Cola has a lot of difficult business practices that it would rather not talk about, and we live in this moment where a lot of consumers appear to care about progressive social values at these companies, and so this is just another way for them to make an extra buck, for them to aggregate profits for Coca-Cola and power for its CEO.

But I think that once we see through this charade of Virtue Signaling, consumers aren’t going to fall for the trick any longer. That’s why I wrote the book, but I think that’s also why groups like Consumer Research are doing good work in exposing that hypocrisy, really that fraud for the essence of what it is.

Bill:

This is, Will Heil, I don’t know if you know him or not, he’s the executive director of this group that we mentioned here, Consumer Research, listen here:

Will Heil:

They don’t lift a finger to criticize the CCP and their human rights abuses in China, but they want to preach to the American consumer, who they should be serving, about political issues that are not germane to their business. Stop cozying up to woke politicians. Focus on your customers.

Bill:

Um, Is this the push back?

Vivek:

He hits on a pretty important point that very few people have appreciated, which is that the CCP, the Communist Party of China, has weaponized the Woke Pandemic and, in particular, Woke Capitalism to advance their own geopolitical goals. Because what they do Bill, is they roll out the red carpet for any company that criticizes The United States, but they build a great Chinese wall that prevents you from coming in if you criticize the CCP. So It’s now no surprise that every time they’re pressed on their human rights abuses in the Shanjang Province with the weaker human rights crisis.

The first thing that Xi Jinping now says is that Black Lives Matter shows that The United States is no better, and the way they’re able to get away with it, is the two-faced corporations that criticize The United States for injustice, but don’t say a peep in China. So this actually has geopolitical consequences that go beyond the consumer-based hypocrisy.

Bill:

How about BLM (Black Lives Marxists) embracing the communist government in Cuba, that’s blaming it all in The United States. Vivek, who, who’s, who’s next, who would be the next target?

Vivek

Well, who would be the next target in terms of which companies are going to…?

Bill:

Is it MLB, is it Delta, Is it Nike?

Vivek:

I mean look, I think, I think we’re seeing it in the NFL. You were just talking about it in the earlier segment and I think that the private sector used to be one of those places that brought us together, because we live in a divided polity right, we’re politically divided. That depends on certain spaces that can still bring us back together.

Major League Baseball stadiums, NFL stadiums and as each of these institutions and each of these companies go woke. We now lose the ability to come together in those apolitical spaces that used to bring us together as one people, and I think that’s the real loss Bill.

(Oly’s Note: The NFL. MLB, NHL, all professional sports are just another divisive tool to keep us divided. How many times have you been to a bar watching a game or at an actual game and have seen people get into fights. A good example: Bryan Stow, a San Francisco Giants fan, went to see them play the Dodgers at Dodger Stadium on opening day in LA. He was brutally beaten, almost to death, after the game in the parking lot. He is now disabled because he was rooting for the “wrong” team. Having lived in LA for most of my life, I’ve been to Dodger stadium, if your jersey doesn’t say Dodgers on it, you’re asking for trouble.

I was with a group of people once and we were sitting in right field at Dodger Stadium. Nobody had ANYTHING on that would say who we were rooting for, there was a mixed group to our left, by mixed I mean men and women, when all of a sudden, one of the women in our group shouted something toward the field, nothing bad by any stretch of the imagination. One of the “women” in the other group turned to one of the men and said:

“Did you hear what she just said about you?”. He ignored her or didn’t hear her…I happened to be looking to my left and saw the whole thing. I think me and the girl who was trying to start trouble were the only 2 in both groups that were aware of the whole thing. End Oly’s note)

Bill:

“Pretend to care about something other than profit or power precisely to gain more of each.” These are your ideas they’re in Woke Inc. You can get it very soon, Vivek great to see you, we’ll talk again very soon, thanks.

Peace, Love & Blessings To All!

Oliver

Dr. McCullough: COVID Vaccines Have Already Killed Up to 50,000 Americans, According to Whistleblowers

McCullough predicted that the United States is gearing up to force people into getting the injections.

Covid Vaccines Have Killed Up To 50,000 People, Surprise, Surprise

Very incredible – “Covid Vaccines Have Killed Up To 50,000 People” that more and more Doctors are coming out and telling the truth. I left all links in so you can research for yourself. If you go to the link below, you’ll see a video of Dr Reiner Fuellmich that I originally uploaded to YouTube, then YouTube and Facebook in the same week, DELETED my Facebook page and my YouTube channel. You can see Dr. Reiner Fuellmich’s video here. Time for everyone to become more aware of your surroundings

This article is from

By Debra Heine June 15, 2021

Covid Vaccines Have Killed Up To 50,000 People

In an extraordinary interview last week, Dr. Peter McCullough, an American professor of Medicine and Vice Chief of Internal Medicine at Baylor University, declared that the world has been subjected to a form of bioterrorism, and that the suppression of early treatments for COVID-19—such as hydroxychloroquine— “was tightly linked to the development of a vaccine.”

Dr. McCullough made the explosive comments during a webinar on June 11, with  Dr. Reiner Fuellmich, a German trial lawyer, who believes the pandemic was planned, and is “a crime against humanity.”

McCullough said he believes the bioterrorism has come in two stages—the first wave being the rollout of the coronavirus, and the second, the rollout of the dangerous vaccines, which he said may already be responsible for the deaths of up to 50,000 Americans.

Dr. McCullough practices internal medicine and cardiology, is the editor of Reviews in Cardiovascular Medicine, senior editor of the American Journal of Cardiology, editor of the textbook Cardiorenal Medicine, and president of the Cardiorenal Society.

“The first wave of the bioterrorism is a respiratory virus that spread across the world, and affected relatively few people—about one percent of many populations—but generated great fear,” McCullough explained during the Oval Media webinar with other doctors. He noted that the virus targeted “mostly the frail and the elderly, but for otherwise well people, it was much like having the common cold.”

Dr. McCullough later elaborated that he has treated many patients with the disease, written papers on it, had the disease himself, and has also seen a death in his own family due to COVID.

The doctor said he believes that fear of the virus was used very quickly to generate policies that would hugely impact human life, such as the draconian lockdowns.

“Every single thing that was done in public health in response to the pandemic made it worse,” he pointed out.

McCullough explained that early on, as a doctor treating COVID patients, he came up with an early treatment regimen for those struck with the virus, which reduced hospital stays by about 85 percent, and said he began publishing papers on what he had learned. The doctor noted that he was “met with resistance at all levels” in terms of actually treating patients and publishing his papers.

“Fortunately I had enough publication strength to publish the only two papers in the entire medical literature that teaches doctors how to treat COVID-19 patients at home to prevent hospitalization,” he said.

“What we have discovered is that the suppression of early treatment was tightly linked to the development of a vaccine, and the entire program—and in a sense, bioterrorism phase one— was rolled out, [and] was really about keeping the population in fear, and in isolation preparing them to accept the vaccine, which appears to be phase two of a bioterrorism operation.”

McCullough explained that both the coronavirus and the vaccines deliver “to the human body, the spike protein, [which is] the gain of function target of this bioterrorism research.”

He acknowledged that he couldn’t come out and say all that on national television because the medical establishment has done such a thorough job of propagandizing the issue.

“What we have learned over time is that we could no longer communicate with government agencies. We actually couldn’t communicate with our propagandized colleagues in major medical centers, all of which appear to be under a spell, almost as if they’ve been hypnotized.”

“Good doctors are doing unthinkable things like injecting biologically active messenger RNA that produces this pathogenic spike protein into pregnant women. I think when these doctors wake up from their trance, they’re going to be shocked to think what they’ve done to people,” he said, echoing what he, and Dr. Harvey Risch, professor at the Yale School of Public Health, told Fox News host Laura Ingraham during an interview last month. 

McCullough told Fuellmich that last summer, he started an early treatment initiative to keep COVID patients out of the hospital, which involved organizing multiple groups of medical doctors in the United States and abroad.  The doctor noted that some governments tried to block these doctors from providing the treatments, but with the help of the Association of Physicians and Surgeons, they were able to put out a home patient guide, and in the U.S., organized four different tele-medical services, and fifteen regional tele-medical services.

This way, people who were stricken with COVID-19, were able to call in to these services and get the medications they needed prescribed to local pharmacies, or mail order distribution pharmacies, he explained.

“Without the government really even understanding what was going on, we crushed the epidemic curve of the United States,” McCullough claimed. “Toward the end of December and January, we basically took care of the pandemic with about 500 doctors and telemedicine services, and to this day, we treat about 25 percent of the U.S. COVID-19 population that are actually at high risk, over age 50 with medical problems that present with severe symptoms.”

The doctor said that his belief that the suppression of early treatment was “tightly linked” to the vaccines, is what that led him to focus his attention on warning the public about the vaccines.

“We know that  this is phase two of bioterrorism, we don’t know who’s behind it, but we know that they want a needle in every arm to inject messenger RNA, or adenoviral DNA into every human being,” he said. “They want every human being.” The doctor later warned that the experimental vaccines could ultimately lead to cancers, and sterilize young women.

Dr. McCullough said his goal is to set apart a large group of people that the system can not get to, which would include those who have already had the virus, those with immunity, children, pregnant women, and child-bearing women.

The cardiologist went on to say that because there is no clinical benefit in young people whatsoever to get the vaccine, even one case of myocarditis or pericarditis following the shots “is too many,” yet even though the CDC is aware of hundreds of alarming reports of cases of heart swelling in teenagers and young adults, they’re only going to reevaluate the matter later on in June. He accused the medical establishment of neglecting to to do anything to reduce the risks of the vaccines.

As someone who has chaired over two dozen vaccine safety monitoring boards for the FDA, and National Institute for Health, McCullough had room to criticize how the vaccines have been rolled out.

“With this program, there is no critical event committee, there is no data-safety monitoring board, and there’s no human ethics committee. Those structures are mandatory for all large clinical investigations, and so the word that’s really used for what’s going on is malfeasance, that’s wrongdoing of people in authority,” the doctor explained.

“Without any safety measures in place, you can see what’s going on,” he continued.

“Basically it’s the largest application of a biological product with the greatest amount of morbidity and mortality in the history of our country.”

“We are at over 5,000 deaths so far, as you know, and I think about 15,000 hospitalizations. In the EU it’s over 10,000 deaths. We are working with the Center for Medicaid (CMS) data, and we have a pretty good lead that the real number is tenfold.”

McCullough explained that because the Vaccine Adverse Event Reporting System (VAERS) database only amounts to about 10 percent of the bad reactions to the vaccines, his team has had to go to other sources for information.

“We have now a whistleblower inside the CMS, and we have two whistleblowers in the CDC,” the doctor revealed. “We think we have 50,000 dead Americans. Fifty thousand deaths. So we actually have more deaths due to the vaccine per day than certainly the viral illness by far. It’s basically propagandized bioterrorism by injection.”

Dr. McCullough said he’s seen people in his office with cases of portal vein thrombosis, myocarditis, and serious memory problems post-vaccination. “It’s so disconcerting,” he said.

He said he was recently viciously attacked in the media by a woman from Singapore who is linked to the Gates Foundation.

Dr. McCullough went on to express a chilling theory that the vaccines could have been designed to reduce the world’s population.

“If you said this is all a Gates Foundation program to reduce the population, it’s fitting very well with that hypothesis, right? The first wave was to kill the old people by the respiratory infection, the second wave is to take the survivors and target the young people and sterilize them,” he said.

“If you notice the messaging in the country, in the United States, they’re not even interested in old people now. They want the kids. They want the kids, kids, kids, kids kids! They’re such a focus on the kids,” he said, noting that in Toronto, Canada, last month, they lured the children with promises of ice-cream to get the jab. According to one report, the government of Ontario—which doesn’t require parental consent for children to get vaccinated—encouraged the kids to get the Pfizer vaccine at a pop-up vaccine event.

“They held the parents back, and they were vaccinating the kids,” the doctor railed. He said his Canadian wife’s mother was forcibly vaccinated against her will.

McCullough predicted that the United States is gearing up to force people into getting the injections.

“We have to stop it, and we have to see what’s behind it,” he concluded.

About Debra Heine

Debra Heine is a conservative Catholic mom of six and longtime political pundit. She has written for several conservative news websites over the years, including Breitbart and PJ Media. Photo: BLOOMINGTON, INDIANA, UNITED STATES – 2021/06/10: Protesters holding placards gather at Indiana University’s Sample Gates during the demonstration. Anti-vaxxers and anti-maskers gathered at Indiana University’s Sample Gates to protest against mandatory Covid vaccinations IU is requiring for students, staff and faculty during the upcoming fall semester.

The protesters say their constitutional rights are being infringed, and have launched a law suit. The University isn’t requiring proof of vaccination, but workers who lie can be fired for lying to the university. Other workers are concerned unvaccinated co-workers will infect them with the virus, which has killed hundreds of thousands of Americans already. (Photo by Jeremy Hogan/SOPA Images/LightRocket via Getty Images)