AMP v. Myriad Briefed and Distributed for Conference - Update


[author: Donald Zuhn]

MyriadLast week, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has been distributed for conference on November 30.  In response to the Petition for a Writ of Certiorari filed in September by the Public Patent Foundation (PUBPAT) and the American Civil Liberties Union (ACLU) Foundation on behalf of Petitioners Association for Molecular Pathology et al. (see "Plaintiffs (Again) File Certiorari Petition in Myriad Case"), the Court received a brief in opposition from Respondents Myriad Genetics, Inc. et al., a reply from Petitioners, and seven amici curiae briefs.  Thanks to a reader, Patent Docs has now secured copies of four more amici briefs:

• Amici Curiae Brief for Academics in Law, Medicine, Health Policy and Clinical Genetics in Support of Petitioners -- brief

• Brief Amici Curiae of The National Women's Health Network, Reproductive Health Technologies Project, Disability Rights Legal Center, Forward Together, The Center for Genetics and Society, The Pro-Choice Alliance for Responsible Research, Alliance for Humane Biotechnology, G. Michael Roybal, MD, MPH, and Anne L. Peters, MD in Support of Petitioners -- brief

• Brief of Amicus Curiae AARP in Support of Petitioners -- brief

• Brief of Amici Curiae Cancer Council Australia, The Royal College of Pathologists of Australasia, Human Genetic Society of Australasia, National Breast Cancer Foundation, and Luigi Palombi PhD in Support of Petitioner -- brief

• Brief for Canavan Foundation, Claire Altman Heine Foundation, March of Dimes Foundation, Facing Our Risk of Cancer Empowered, National Association for Pseudoxanthoma Elasticum, and Ovarian Cancer National Alliance as Amici Curiae in Support of Petitioners -- brief

• Brief of Amici Curiae American Medical Association, American Society of Human Genetics, American College of Obstetricians and Gynecologists, American Osteopathic Association, American College of Legal Medicine, and The Medical Society of The State of New York in Support of Petition for Writ of Certiorari -- brief

According to the docket, one other amici brief was submitted by:

• Kali N. Murray and Erika R. George

Patent Docs intends to make copies of the remaining amici brief as well as Petitioners' reply brief available to the extent that we can secure copies.  In addition, we plan to summarize in subsequent posts any of the briefs for which we can secure copies.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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