Brief of American Medical Association et al. as Amici Curiae in Support of Plaintiffs’ Opposition to Defendants’ Motion to Dismiss and in Support of Plaintiffs’ Motion for Summary Judgment, Association for Molecular Pathology v. U.S. Patent and Trademark Office

Authors

Joshua Sarnoff, American University Washington College of LawFollow

Document Type

Amicus Brief

Publication Date

2009

Abstract

Amici seek to provide this Court with insight into the adverse effects on medical care and innovation that gene patents cause. These adverse effects could and should have been avoided, because genetic sequence and correlation patents – including all of the Myriad patents at issue – are not patentable inventions. These patents should never have been granted, and are not needed to create incentives for innovation.

The Myriad patents on breast cancer genes, mutations, and correlations between mutations and disease have a direct, severe, and adverse impact on members of the Amici medical organizations and all humanity. Myriad’s announced intention to aggressively enforce its patents to foreclose other diagnostic, treatment and research options deter the Amici health care professionals and researchers from providing appropriate medical care and diagnostic services. Myriad’s patents also preclude research into better medical treatments and technologies by precluding clinical activities that would lead to additional discoveries. Myriad’s patents, and other genetic sequence and biological correlation patents like them, cast a chill on important health care practices and on innovation.

Recommended Citation

Sarnoff, Joshua. Brief of American Medical Association et al. as Amici Curiae in Support of Plaintiffs’ Opposition to Defendants’ Motion to Dismiss and in Support of Plaintiffs’ Motion for Summary Judgment, Association for Molecular Pathology v. U.S. Patent and Trademark Office, No. 09 Civ. 4515 (Southern District New York U.S. District Court, filed August 27, 2009).