The American Civil Liberties Union and a host of researchers and breast cancer patients aren’t the only losers in Friday’s appellate ruling that Myriad Genetics has the right to patents on isolated breast cancer genes. The Obama Administration’s Justice Department offered wholehearted support to opponents of human gene patents, splitting with the U.S. Patent and Trademark Office to argue that human DNA should not be eligible for patent protection. Friday’s ruling by a deeply-divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit explicitly rejects the Justice Department’s arguments in favor of longstanding PTO precedent.