Firm Attorneys File Amicus Brief on Behalf of Leading Genomics Researcher
Wilson Sonsini Goodrich & Rosati partners Gideon Schor and Vern Norviel recently filed an amicus brief in a U.S. Supreme Court case on behalf of Dr. Eric Lander, one of the world's leading genomics researchers and the president of the Broad Institute of Harvard and MIT. The case, Association for Molecular Pathology v. Myriad Genetics, No. 12-398, raises the issue of whether human genes in general, and isolated DNA fragments (including genomic DNA and cDNA) in particular, are patent-eligible compositions of matter under 35 U.S.C. § 101. The test likely to be applied to decide the issue is whether isolated DNA fragments are found in nature. The amicus brief cites numerous scientific studies and articles to show that, contrary to the holding of the Federal Circuit (which cited none of the studies or articles), isolated fragments of genomic DNA are indeed found in nature and therefore are not patent eligible, whereas isolated cDNA fragments are not found in nature and therefore are patent eligible.
Please click here to read the amicus brief.