Federal Circuit Sets Schedule for AMP v. USPTO

MyriadIn an order issued by the Federal Circuit this morning in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad"), the Court has requested that the parties file simultaneous supplemental briefs of not more than 20 pages by June 15, 2012 to address the following issue:

What is the applicability of the Supreme Court's decision in Mayo to Myriad's isolated DNA claims and to method claim 20 of the '282 patent?

The Federal Circuit also indicated that it would accept amici curiae briefs of not more than 15 pages, to be submitted by June 15, 2012.  The Court expressly invited the United States to file an amicus brief.

Finally, the Federal Circuit noted that oral argument would be held at 10:00 am on July 20, 2012.

Federal Circuit SealThe Federal Circuit's order comes in response to the Supreme Court's decision on March 26, 2012 to grant the petition for writ of certiorari in Association for Molecular Pathology v. Myriad, vacate the judgment, and remand the case back to the Federal Circuit for further consideration in light of Mayo Collaborative Services v. Prometheus Laboratories (see "Supreme Court Remands Myriad Case").