AMP v. Myriad Briefed and Distributed for Conference

[author: Donald Zuhn]

Earlier today, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has now 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.  Patent Docs was graciously provided with copies of two of the seven 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

According to the docket, other amici briefs were submitted by:

•  AARP
•  Cancer Council Australia et al.
•  Kali N. Murray and Erika R. George
•  Canavan Foundation et al.
•  American Medical Association et al.

Patent Docs intends to make copies of the five remaining amici briefs 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.