By Donald Zuhn --
Last week marked the deadline for the submission of amicus curiae briefs in support of Plaintiffs-Appellees or in support of neither party in the Association of Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad") case (briefs in support of Defendants-Appellants were due on October 29). With the help of Patent Docs readers, we have been assembling a list of amicus briefs that have been submitted in this case. Of the 29 briefs that were submitted (by our count), fifteen briefs were filed in support of Defendants-Appellants and/or reversal, twelve briefs were filed in support of Plaintiffs-Appellees and/or affirmance, and two briefs remain to be determined (Patent Docs has not yet obtained copies of these briefs). Amici supporting Defendants-Appellants and/or reversal are:
• Alnylam Pharmaceuticals, Inc. in support of Defendants-Appellants supporting reversal (brief) -- see Patent Docs post
• American Intellectual Property Law Association (AIPLA) in support of reversal, but in support of neither party (brief) -- see Patent Docs post
• Biotechnology Industry Organization (BIO) and the Association of University Technology Managers supporting reversal (brief) -- see Patent Docs post
• Boston Patent Law Association in support of Defendants-Appellants and reversal of summary judgment (brief)
• CropLife International in support of neither party (brief)
• Genetic Alliance supporting reversal, but not in support of either party (brief) -- see Patent Docs post
• Genomic Health Inc., Celera Corp., XDx Inc., Target Discovery Inc., the Coalition for 21st Century Medicine, and Burrill & Co. in support of Defendants-Appellants (brief)
• Gilead Sciences, Inc. and BioGenerator in support of Defendants-Appellants and urging reversal (brief)
• Christopher M. Holman and Robert Cook-Deegan in support of neither party (brief) -- see Patent Docs post
• Intellectual Property Owners Association (IPO) in support of neither party (brief) -- see Patent Docs post
• Kane Biotech, Inc. in support of Defendant-Appellant and reversal (brief)
• Novartis Corp. in support of Defendant-Appellant (brief)
• Rosetta Genomics, Ltd., Rosetta Genetics, Inc., and George Mason University in support of Defendants-Appellants supporting reversal (brief) -- see Patent Docs post
• United States in support of neither party (brief) -- see Patent Docs post
• University of New Hampshire School of Law in support of Appellants (brief) -- see Patent Docs post
Amici supporting Plaintiffs-Appellees and/or affirmance are:
• AARP in support of Plaintiffs-Appellees and arguing for affirmance (brief)
• American Medical Association, American Society of Human Genetics, American College of Obstetricians and Gynecologists, American College of Embryology, and the Medical Society of the State of New York in support of Plaintiffs-Appellees and arguing for affirmance (brief)
• Canavan Foundation, Claire Altman Heine Foundation, March of Dimes Foundation, Massachusetts Breast Cancer Coalition, National Organization for Rare Disorders, National Tay-Sachs, and Allied Diseases Association in support of Plaintiffs for affirmance (brief)
• Cancer Council Australia and Luigi Palombi supporting affirmance (brief)
• Eileen M. Kane in support of Plaintiffs-Appellees and affirmance (brief)
• Erika R. George and Kali N. Murray in support of AMP et al. (brief)
• International Center of Technology Assessment, the Indigenous Peoples Council on Biocolonialism, Greenpeace, Inc., Friends of the Earth, and the Council for Responsible Genetics in support of Plaintiffs-Appellees (brief)
• National Women's Health Network, the Asian Communities for Reproductive Justice, the Center for Genetics and Society, Generations Ahead, the Pro-Choice Alliance for Responsible Research, and Alliance for Human Biotechnology in support of Plaintiffs-Appellees (brief)
• Richard Gold, James P. Evans, and Tania Bubela in support of Appellees and affirmance (brief)
• Scholars of Biotechnology Patent Law in support of Plaintiffs-Appellees supporting affirmance (brief)
• Southern Baptist Convention in support of Plaintiffs-Appellees and arguing for affirmance (brief)
• Universities Allied for Essential Medicines in support of Plaintiffs-Appellees supporting affirmance (brief)
Finally, we have not obtained copies of two briefs that were submitted in the case, and as a result, we have yet to assign these briefs to either of the above groups:
• Animal Health Institute
• Merial Ltd.
Patent Docs plans to provide summaries of all of the amicus briefs filed in this appeal. In addition, we are interested in securing copies of any amicus briefs that we may have missed. Patent Docs thanks a number of its readers for kindly providing us with, or alerting us to, many of the amicus briefs listed above.
It reads like a list of the forces of darkness against those of good.
"Southern Baptist Convention in support of Plaintiffs-Appellees and arguing for affirmance "
They're even fighting G od.
Posted by: 6 | December 17, 2010 at 01:22 PM
Has the ACLU filed a brief in response to Myriads appeal?
Posted by: David Ennist | March 11, 2011 at 08:57 PM