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

The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Attorneys at Gibson Dunn share why plaintiffs’ growing reliance on DMCA anti-circumvention claims in AI scraping cases exposes a critical vulnerability
Tom Carver, who spent the last 18 months sailing the Mediterranean, tells Managing IP why he’s ready to return to land
US law firms highlight litigation profitability and client demand as driving forces behind a boom in lateral hires in the life sciences sector
The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Gift this article