Nature Methods replies:

We thank the authors for their opinion1, and we want to emphasize that no basic researcher has faced legal action due to gene patent infringement to date. Nonetheless, we stand by our original statements that such legal action is not inconceivable in the future and that researchers have voiced frustration with the current practice of gene patenting. A study by Gold and Carbone2 discusses the effect of the BRCA1 and BRCA2 patents on the scientific community (readers can find a link to this study on the Nature Methods blog, Methagora). We also stand by our statement that gene patents may hinder the rapid advancement of personalized medicine because companies seem reluctant to invest in diagnostic kits involving genes whose patents are held by other companies, even if the technology used should not infringe this patent.