Amici Submit Brief in Support of Ambry Genetics and Gene by Gene

Last week, the American Civil Liberties Union (ACLU), ACLU of Utah Foundation, Inc., Public Patent Foundation (PUBPAT), Association for Molecular Pathology (AMP), Breast Cancer Action, and AARP submitted an amici curiae brief in two infringement actions brought by Myriad Genetics, Inc. (and the University of Utah Research Foundation, Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership, and Endorecherche, Inc.) against Ambry Genetics Corp. and Gene by Gene, Ltd.  The amici brief was submitted in support of Ambry Genetics and Gene by Gene, which have opposed Myriad's motion for a preliminary injunction.  The brief notes that the ACLU and PUBPAT represented several individual and organizational plaintiffs, including fellow amici AMP and Breast Cancer Action, in Association for Molecular Pathology v. Myriad Genetics, Inc., where the Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.  Amici indicate that as a result of their participation in AMP v. Myriad, they are "well-positioned to inform this Court about the issues raised and decided in...