[akiselev]

IANAL (and for this hypothetical I don't think it matters) but with this SCOTUS ruling, you could argue that even though the original DNA strand was synthetic and patented, once it was injected into the embryo, nature takes over and copies and makes it its own. The very dynamic nature of mutations and sexual reproduction should (rationally) invalidate the "infringement" of reproduction. You could also argue that penalizing a child for what is unarguably random chance on the part of their parents is cruel and unusual, not to mention this would mean that the debt (licensing agreement) is essentially inherited by the child, which is illegal if not outright unconstitutional to my knowledge (i.e., unless the debt is under a joint card with the deceased, you cannot inherit their credit card debt, although the creditors get rights to part of the estate covering the debt).

Edit: Apparently Myriad patented more than just strands for the BRCA genes, including some methods and tests, which is one of the reasons their case is important to SCOTUS. With our current patent system, I think you'd have to patent a lot more than just the gene to be able to sue people over having it, especially children of genetically engineered parents.