By Donald Zuhn —
On October 22, Defendants-Appellants Myriad Genetics, Inc. and ten Directors of the University of Utah Research Foundation filed their brief in Association of Molecular Pathology v. U.S. Patent and Trademark Office (see "Myriad Files Appeal Brief in AMP v. USPTO"). Pursuant to Rule 29(e) of the Federal Rules of Appellate Procedure, amicus curiae briefs in support of Defendants-Appellants were due seven days later on October 29. Patent Docs is aware of sixteen amicus briefs that were filed by the October 29 deadline:
• Alnylam Pharmaceuticals, Inc., in support of Defendants-Appellants, supporting reversal (brief)
• American Intellectual Property Law Association (AIPLA), in support of reversal, but in support of neither party (brief) — see Patent Docs post
• Animal Health Institute (Patent Docs seeks copy of brief)
• 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)
• 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)
• Merial Ltd. (Patent Docs seeks copy of 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
Plaintiffs-Appellees filed their brief on November 30 (within 40 days after the filing of Defendants-Appellants' brief per Rule 31(a)(2) of the Federal Rules of Appellate Procedure). Pursuant to Rule 29(e) of the Federal Rules of Appellate Procedure, amicus curiae briefs in support of Plaintiffs-Appellees (or in support of neither party) were due seven days later on December 7. Patent Docs is aware of one amicus brief that was filed by the December 7 deadline:
• 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)
Patent Docs intends to provide summaries of all of the 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.
For additional information regarding this and other related topics, please see:
• "Amicus Briefs in AMP v. USPTO: University of New Hampshire School of Law," December 12, 2010
• "Amicus Briefs in AMP v. USPTO: Rosetta Genomics & George Mason University," December 8, 2010
• "Academic Amici Refute ACLU Falsehoods in Gene Patenting Debate," December 7, 2010
• "Amicus Briefs in AMP v. USPTO: Genetic Alliance," November 10, 2010
• "BIO and AUTM File Joint Amicus Brief in AMP v. USPTO," November 9, 2010
• "AIPLA Submits Amicus Brief in AMP v. USPTO," October 3, 2010
• "IPO Files Amicus Brief in AMP v. USPTO," November 2, 2010
• "AMP v. USPTO — Briefing Update," November 1, 2010
• "DOJ Tries to Be All Things to All Constituencies in Myriad Amicus Brief," October 31, 2010
• "Myriad Files Appeal Brief in AMP v. USPTO," October 28, 2010
• "AMP v. USPTO — Briefing Update," November 1, 2010
• "DOJ Tries to Be All Things to All Constituencies in Myriad Amicus Brief," October 31, 2010
• "Myriad Files Appeal Brief in AMP v. USPTO," October 28, 2010
• "AMP v. USPTO — Briefing Schedule Update," August 22, 2010
• "Uh-oh: It Looks Like Judge Dyk Has Been Drinking the ACLU's Kool-Aid®," August 11, 2010
• "FCBA Submits Amicus Brief on Motion for Recusal in AMP v. USPTO," August 9, 2010
• "Appellees Move for Recusal of Chief Judge Rader in AMP v. USPTO Appeal," July 19, 2010
• "Facts, Perhaps the Antidote to the Anti-gene Patenting Plague," July 18, 2010
• "AMP v. USPTO after Bilski v. Kappos," July 6, 2010
• "Myriad Appeals AMP v. USPTO Decision," June 16, 2010
• "AMP v. USPTO: What Everyone Else Is Saying – Part II," June 8, 2010
• "AMP v. USPTO: What Everyone Else Is Saying," April 6, 2010
• "'60 Minutes' and 'Newshour' Take Different Apporaches to Covering Gene Patenting Story," April 5, 2010
• "AMP v. USPTO: What the Parties Are Saying About the Decision," April 1, 2010
• "Caught in a Time Warp: The (In)validity of BRCA1 Oligonucleotide Claims," March 30, 2010
• "Round One Goes to the ACLU," March 29, 2010
• "Debating Gene Patents – Round Four," February 10, 2010
• "Newsweek = Newspeak on Gene Patenting," February 8, 2010
• "Everybody Knows — The Boston Globe Weighs in on Gene Patenting," February 1, 2010
• "The USPTO Asks out of Gene Patenting Case (Again)," January 19, 2010
• "Top Stories of 2009: #4 to #1," January 4, 2010
• "Gene Patenting: Australian Potpourri," December 28, 2009
• "Science Progress Article Examines Impact of Gene Patents on Research," December 21, 2009
• "Gene Patenting Debate Continues – Round Three," December 17, 2009
• "BRCA Patent Suit to Continue in Southern District of New York," November 2, 2009
• "Empirical Research Fails to Support Gene Patenting Ban," October 22, 2009
• "The Tragedy of a Bad Idea," August 25, 2009
• "Gene Patenting Debate Continues – Round Two," August 4, 2009
• "The Unwanted Consequences of Banning Gene Patenting," June 16, 2009
• "Falsehoods, Distortions and Outright Lies in the Gene Patenting Debate," June 15, 2009
• "Gene Patenting Debate Continues," June 9, 2009
• "Association for Molecular Pathology v. U.S. Patent and Trademark Office," May 17, 2009
• "Court Report: Special Edition," May 13, 2009
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