AMP v. Myriad Briefed and Distributed for Conference

By 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.

Comments

[Curmudgeon]

Why would an amicus brief (or for that matter, one of the parties' briefs) NOT be publicly available? This is a public proceeding, using taxpayer money to pay the judges reviewing the case. The case is on appeal, meaning there's no proprietary information at play. There's no reason a person should have to be well-connected in order to see these briefs.

[EG]

Don,

Myriad's brief in opposition is outstanding. Right out of the box, it correctly challenges the misrepresentation by the ACLU/PubPat ("Are human genes patentable?") of what the question is under 35 USC 101.

[DHC]

Most of the briefs can be found here: http://www.bna.com/amici-file-seven-n17179870905/

ACLU petition at http://pub.bna.com/ptcj/ACLUCertPetition12Sep25.pdf

Myriad brief at http://pub.bna.com/ptcj/120398Myriad12Oct31.pdf

Amicus briefs at --

• AARP: http://pub.bna.com/ptcj/120398AARP12Oct31.pdf

• Academics: http://pub.bna.com/ptcj/120398Academics12Oct26.pdf

• AMA: http://pub.bna.com/ptcj/120398AMA12Oct31.pdf

• Canavan: http://pub.bna.com/ptcj/120398Canavan12Oct31.pdf

• Cancer Council Australia: http://pub.bna.com/ptcj/120398CCA12Oct31.pdf

• NWNH: http://pub.bna.com/ptcj/120398NWHN12Oct24.pdf

[Arthur Gershman]

Dear Curmudgeon,
I believe one may view the briefs at the office of the Clerk of SCOTUS. If I am mistaken, please correct me.
Thank you.