Association for Molecular Pathology v. Myriad Genetics, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-398 | Fed. Cir. | Apr 15, 2013 | Jun 13, 2013 | 9-0 | Thomas | OT 2012 |
Holding: A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but synthetic complementary DNA ("cDNA") is patent eligible because it is not naturally occurring.
Judgment: Affirmed in part and reversed in part., 9-0, in an opinion by Justice Thomas on June 13, 2013. Justice Scalia filed an opinion concurring in part and concurring in the judgment.
SCOTUSblog Coverage
- SCOTUS for law students (sponsored by Bloomberg Law): Correcting the Supreme Court (Stephen Wermiel, May 16, 2014)
- Gene patent decision: In Plain English (Lyle Denniston, June 13, 2013)
- Details on Association for Molecular Pathology v. Myriad Genetics, Inc. (Tom Goldstein, June 13, 2013)
- Opinion recap: No patent on natural gene work (Lyle Denniston, June 13, 2013)
- Academic highlight: Myriad Genetics and the history of intellectual property in the United States (Amanda Frost, June 11, 2013)
- Justices debate gene patenting issues: In Plain English (Amy Howe, April 15, 2013)
- Argument recap: Analogies to the rescue (Lyle Denniston, April 15, 2013)
- Human-Gene Case at U.S. High Court May Reshape Biotech Landscape (Greg Stohr and Susan Decker, April 12, 2013)
- Argument preview: The right to study genes (Lyle Denniston, April 10, 2013)
- Nothing under the sun that is made of man (Andrew Torrance, February 7, 2013)
- The Supreme Court should be mindful of naturally derived products other than nucleic acids when deciding Myriad (Susan McBee and Bryan Jones, February 7, 2013)
- An antidote to the politics of the human gene patenting debate (Kevin Noonan, February 6, 2013)
- Another case of certiorari improvidently granted (Christopher Holman, February 6, 2013)
- Selected thoughts on a Myriad of problems (Rob Merges, February 6, 2013)
- A conversation between the Supreme Court & the Federal Circuit (Robin Feldman, February 5, 2013)
- The human genes case: Made simple (Lyle Denniston, February 4, 2013)
- The "runcible" product of nature doctrine (Dan Burk, February 4, 2013)
- Patentable subject matter at the Supreme Court: An exceptional case? (Arti Rai, February 4, 2013)
- Online symposium announcement: Are genes patentable? (Kali Borkoski, January 31, 2013)
| Date | Proceedings and Orders |
|---|---|
| 09/25/2012 | Petition for a writ of certiorari filed. (Response due October 31, 2012) |
| 10/03/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 10/24/2012 | Brief amici curiae of National Women's Health Network, et al filed. |
| 10/26/2012 | Brief amicus curiae of Academics in Law, Medicine, Health Policy and Clinical Genetics filed. |
| 10/30/2012 | Brief amicus curiae of AARP filed. |
| 10/30/2012 | Brief amici curiae of Cancer Council Australia, et al. filed. |
| 10/31/2012 | Brief of respondents Myriad Genetics, Inc., et al. in opposition filed. |
| 10/31/2012 | Brief amici curiae of Kali N. Murray and Erika R. George filed. |
| 10/31/2012 | Brief amici curiae of Canavan Foundation, et al. filed. |
| 10/31/2012 | Brief amici curiae of American Medical Association, et al. filed. |
| 11/09/2012 | Reply of petitioners Association for Molecular Pathology, et al. filed. |
| 11/13/2012 | DISTRIBUTED for Conference of November 30, 2012. |
| 11/30/2012 | Petition GRANTED limited to Question 1 presented by the petition. |
| 01/02/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 01/03/2013 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including January 24, 2013. |
| 01/03/2013 | The time to file respondents' brief on the merits is extended to and including March 7, 2013. |
| 01/24/2013 | Joint appendix filed. (2 volumes) (Statement of costs received). |
| 01/24/2013 | Brief of petitioners Association for Molecular Pathology, et al. filed. |
| 01/28/2013 | Brief amicus curiae of Juhasz Law Firm, P.C. in support of neither party filed. |
| 01/29/2013 | Brief amici curiae of American Medical Association, et al. filed. |
| 01/30/2013 | Brief amici curiae of GeneDx and Law Professors filed. |
| 01/30/2013 | Brief amici curiae of National Women's Health Network, et al. filed. |
| 01/30/2013 | Brief amicus curiae of Federation Internationale Des Conseils En Propriete Intellectuelle in support of neither party filed. |
| 01/30/2013 | Brief amici curiae of Academics in Law, Medicine, Health Policy and Clinical Genetics in support of neither party filed. |
| 01/31/2013 | Brief amicus curiae of CLS Bank International in support of neither party filed. |
| 01/31/2013 | Brief amicus curiae of United States in support of neither party filed. |
| 01/31/2013 | Brief amici curiae of International Center for Technology Assessment, et al. filed. |
| 01/31/2013 | Brief amicus curiae of Genformatic LLC filed. |
| 01/31/2013 | Brief amicus curiae of James D. Watson, Ph.D. in support of neither party filed. |
| 01/31/2013 | Brief amici curiae of Fifteen Law professors filed. |
| 01/31/2013 | Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed. |
| 01/31/2013 | Brief amicus curiae of AARP filed. |
| 01/31/2013 | Brief amici curiae of Kali N. Murray and Erika R. George filed. |
| 01/31/2013 | Brief amicus curiae of Institute of Professional Representatives Before the European Patent Office (EPI) in support of neither party filed. |
| 01/31/2013 | Brief amici curiae of Ethics & Religious Liberty Commission of the Southern Baptist Convention and Prof. D. Brian Scarnecchia filed. |
| 01/31/2013 | Brief amicus curiae of Eric S. Lander in support of neither party filed. |
| 01/31/2013 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 01/31/2013 | Brief amici curiae of Canavan Foundation, et al. filed. |
| 01/31/2013 | Brief amicus curiae of Professor Eileen M. Kane filed. |
| 01/31/2013 | Brief amicus curiae of Knowledge Ecology International filed. |
| 01/31/2013 | Brief amicus curiae of InVitae Corporation filed. |
| 02/11/2013 | SET FOR ARGUMENT ON Monday, April 15, 2013 |
| 02/14/2013 | CIRCULATED |
| 03/07/2013 | Brief of respondents Myriad Genetics, Inc., et al. filed. (Distributed) |
| 03/13/2013 | Brief amici curiae of Animal Health Institute and Merial Limited filed. (Distributed) |
| 03/13/2013 | Brief amicus curiae of Philadelphia Intellectual Property Law Association filed. (Distributed) |
| 03/13/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/13/2013 | Record received from U.S.C.A. for Federal Circuit. (3 boxes) |
| 03/14/2013 | Brief amici curiae of Association of American Physicians & Surgeons, et al. filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Federal Circuit Bar Association filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of NanoBusiness Commercialization Association filed. (Distributed) |
| 03/14/2013 | Brief amici curiae of Genetech, Inc., et al. filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of CropLife International filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Coalition for 21st Century Medicine filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Target Discovery, Inc. filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Boston Patent Law Association filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Immatics Biotechnologies, GmbH filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of National Venture Capital Association filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Dr. Ananda Mohan Chakrabarty filed. (Distributed) |
| 03/14/2013 | Brief amici curiae of University of Baltimore/Johns Hopkins University Center for Medicine & Law, et al. filed. |
| 03/14/2013 | Brief amicus curiae of MPEG LA, LLC filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of American Bar Association filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Intellectual Property Amicus Brief Clinic of the Franklin Pierce Center for Intellectual Property filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Professor Jeffrey A. Lefstin filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Lynch Syndrome International filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed) |
| 03/14/2013 | Brief amici curiae of Drs. Larry Geier, William Harb, Adam Ofer, and Donald Aptekar filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of InHouse Patent Counsel, LLC filed. (Distributed) |
| 03/14/2013 | Brief amici curiae of Gilead Sciences, Inc., et al. filed. (Distributed) |
| 03/14/2013 | Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed) |
| 03/15/2013 | Response of respondents' to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 03/18/2013 | Response of petitioners' to motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/01/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. and the time is to be divided as follows: 25 minutes for petitioners, 10 minutes for the Solicitor General, and 30 minutes for respondents. |
| 04/02/2013 | Reply of petitioners Association for Molecular Pathology, et al. filed. (Distributed) |
| 04/05/2013 | Record from U.S.D.C. for Southern District of New York is electronic. |
| 04/15/2013 | Argued. For petitioners: Christopher A. Hansen, New York, N. Y. For United States, as amicus curiae: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents: Gregory A Castanias, Washington, D. C. |
| 06/13/2013 | Adjudged to be AFFIRMED IN PART, REVERSED IN PART. Thomas, J., delivered the opinion of the court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined, and in which Scalia, J., joined in part. Scalia, J., filed an opinion concurring in part and concurring in the judgment. |
| 07/15/2013 | JUDGMENT ISSUED. |
| 07/29/2013 | Record returned to U.S.C.A. for Federal Circuit. |
Holding: A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but synthetic complementary DNA (“cDNA”) is patent eligible because it is not naturally occurring.
Judgment:”Affirmed in part and reversed in part., 9-0, in an opinion by Justice Thomas on June 13, 2013. Justice Scalia filed an opinion concurring in part and concurring in the judgment.