Friday, June 15, 2012

More Myriad Briefs

Here are some more briefs recently filed in the remanded Myriad case.

ACLU and the Public Patent Foundation have filed their supplemental brief on behalf of plaintiffs, available here. Not surprisingly, they argue that the challenged isolated DNA claims, and claim 20 of the '282 patent (these cell based assay claim) are all patent ineligible under Prometheus, and for affirmance of the district court decision.

Knowledge Ecology International and Universities Allied for Essential Medicines have filed an amicus brief in support of the plaintiffs, available here. They argue that isolated DNA patents hinder science and harm healthcare, and that adequate non-patent incentives for pharmaceutical innovation are available (such as FDA data/marketing exclusivity), and ask the Federal Circuit to affirm the District Court's decision.

Gilead Sciences, Confluence Life Sciences and Euclises Pharmaceuticals have filed a joint amicus brief that focuses exclusively on claim 2 of the ‘282 patent, i.e., the cDNA claim, and argues that cDNA is clearly man-made patent eligible subject matter. The brief, available here, asks the Federal Circuit not to reverse its earlier decision.






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