IPO Files Amicus Brief in Support of Respondents in AMP v.
Myriad Genetics  IPO #2In an amicus brief filed last week in
support of respondents Myriad Genetics, Inc. et al., the
Intellectual Property Owners Association (IPO) asked the Supreme
Court to affirm the Federal Circuit's decision in Association
for Molecular Pathology v. Myriad Genetics, Inc. that claims to
isolated human DNA are patent-eligible.  The IPO brief opens by
noting that "[w]hile Petitioners and their amici provocatively
refer to the subject matter at issue in this case as 'human gene
patenting,' this term inaccurately characterizes the claims in
Myriad's patent," and that "what is claimed is a specific
sequence of isolated human DNA."  The IPO argues first that
isolated human DNA constitutes patent-eligible subject matter. 
Citing Diamond v. Chakrabarty, the brief reminds the Court that
it "fashioned a straightforward test of whether a manufacture or
composition of matter was patent-eligible: it must demonstrate
the 'hand of man,' somethin