ACLU files brief in Myriad case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

ACLU files brief in Myriad case

The ACLU and PubPat have filed their brief urging the Supreme Court to reverse the Federal Circuit’s decision upholding Myriad Genetics' gene patents

The American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT) in their brief on behalf of The Association for Molecular Pathology yesterday asked the court to overturn an August 2012 decision by the Federal Circuit. That ruling for the second time upheld Myriad’s patents on the BRCA1 and BRCA2 genes, which can be used to evaluate the risk of breast and ovarian cancer.

The case was decided by the Federal Circuit in July 2011, and a petition was subsequently granted by the Supreme Court and then put on hold pending the outcome of the Court’s ruling on Mayo v Prometheus. In March, the Supreme Court found the diagnostic method patents owned by Prometheus invalid. The Myriad case was subsequently returned to the Federal Circuit, which affirmed its original decision.

In their brief, the ACLU and PUBPAT argued that Myriad’s patents should be invalidated because genes are laws of nature, and therefore ineligible for patent protection under Section 101.

The brief noted that Myriad defends its claims on the grounds that a gene becomes a human invention when isolated, or removed, from the human body.

“Under this rationale, a kidney ‘isolated’ from the body would be patentable, gold ‘isolated’ from a stream would be patentable, and leaves ‘isolated’ from trees would be patentable,” it said.

The brief also claimed that Myriad has given women inaccurate test results, while its patents prevent other laboratories from testing genes to verify the accuracy of Myriad’s data. The petitioners argued that, although not enforced by Myriad, the patents have had a “proven chilling effect on research” relating to the genes.

The ACLU is being represented by Christopher Hansen, Sandra Park, Steven Shapiro, Aden Fine and Lenora Lapidus. PUBPAT is being represented by Daniel Ravicher and Sabrina Hassan.

Myriad is being represented by a team led by Gregory Castanias, Brian Poissant and Laura Coruzzi of Jones Day.

The case should be argued before the Supreme Court in March or April and a decision is expected before June, which marks the end of the court’s term.

more from across site and SHARED ros bottom lb

More from across our site

Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
Gift this article