BIO, AUTM and the Coalition for 21st Century Medicine file amicus brief in Myriad Remand

The Biotechnology Industry Organization (BIO), joined by the Association of University Technology Managers (AUTM) and the Coalition for 21st Century Medicine (representing diagnostic companies) has filed an amicus brief in the Myriad case, available here.

BIO et al. argue that Mayo  (a Supreme Court decision specifically addressing the patent eligibility of process claims) does not apply to manufacture or composition of matter claims, and thus should not alter the Federal Circuit’s original decision finding all of the challenged isolated DNA claims patent eligible. They also argue that were the court to rule that the isolated DNA claims are patent ineligible, it would have far-reaching negative consequences for innovation, pointing out many examples in which important innovations that have benefitted healthcare and the environment have been incentivized by patents on isolated DNA molecules and other isolated natural products.

With respect to claim 20, the cell-based assay claim, they argue that the claimed method is clearly patent eligible since it recites the use of a transformed (i.e., genetically modified) cell that would itself be patent eligible.