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12-398 ts

12-398 ts

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Published by Dan Ravicher

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Published by: Dan Ravicher on Jan 24, 2013
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02/05/2013

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No. 12-398
IN THE
 Supreme Court of the United States
T
HE
 A 
SSOCIATION FOR
M
OLECULAR
P
 ATHOLOGY 
,
ET AL
.,
 Petitioners,
—v.—M
YRIAD
G
ENETICS
, I
NC
.,
ET AL
.,
 Respondents.
ON WRIT OF CERTIORARI TO THE UNITED STATESCOURT OF APPEALS FOR THE FEDERAL CIRCUIT
BRIEF FOR PETITIONERS
d
Daniel B. Ravicher Sabrina Y. HassanPublic Patent Foundation(PUBPAT)Benjamin N. CardozoSchool of Law55 Fifth AvenueNew York, NY 10003(212) 545-5337Christopher A. Hansen
Counsel of Record
Sandra S. ParkSteven R. Shapiro Aden J. FineLenora M. Lapidus American Civil LibertiesUnion Foundation125 Broad StreetNew York, NY 10004(212) 549-2500chansen@aclu.org
Counsel for Petitioners
 
i
QUESTION PRESENTED
Many patients seek genetic testing to see if they have mutations in their genes that areassociated with a significantly increased risk of breast or ovarian cancer. Respondent MyriadGenetics obtained patents on two human genes thatcorrelate to this risk, known as BRCA1 and BRCA2.These patents claim every naturally-occurringversion of those genes, including mutations, on thetheory that Myriad invented something patent-eligible simply by removi
ng (“isolating”) the genes
from the body. Petitioners are primarily medicalprofessionals who regularly use routine, conventionalgenetic testing methods to examine genes, but areprohibited from examining the human genes thatMyriad claims to own.The question presented is: Are human genespatentable?
LIST OF PARTIES
The petitioners are the Association forMolecular Pathology, American College of MedicalGenetics and Genomics, American Society forClinical Pathology, College of American Pathologists,Haig Kazazian, MD, Arupa Ganguly, PhD, WendyChung, MD, PhD, Harry Ostrer, MD, DavidLedbetter, PhD, Stephen Warren, PhD, EllenMatloff, M.S., Elsa Reich, M.S., Breast Cancer
 Action, Boston Women’s Health Book Collective
,Lisbeth Ceriani, Runi Limary, Genae Girard, PatriceFortune, Vicky Thomason, and Kathleen Raker. Therespondents are Myriad Genetics, Inc., and in theirofficial capacity as directors of the University of UtahResearch Foundation, Lorris Betz, Roger Boyer, Jack
 
ii
Brittain, Arnold B. Combe, Raymond Gesteland,James U. Jensen, John Kendall Morris, ThomasParks, David W. Pershing, and Michael K. Young.The United States Patent and Trademark Office(PTO) was dismissed as a defendant by the districtcourt and that ruling was not appealed. Accordingly,the PTO is not a respondent here.
RULE 29.6 CORPORATE DISCLOSURESTATEMENT
Petitioners do not have any parentcorporations, and no publicly held company owns 10percent or more of the stock of any Petitioner.

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