Amici Submit Brief to Support Ambry in Myriad Case

This article from LSIPR discusses a recent amici curiae submitted to a U.S. district court in support of Ambry Genetics and Gene by Gene. Finnegan partner Anthony C. Tridico, Ph.D. provided commentary on the patent infringement cases against Myriad Genetics, Inc. and the potential impact of the amici curiae submitted by industry groups, including the American Civil Liberties Union (ACLU), Association for Molecular Pathology (AMP), and the Public Patent Foundation (PUBPAT). Tridico said Ambry’s argument that Myriad’s method claims are in breach of the First Amendment is “absolutely not something you see in most cases.” He added, “At this point, the parties are only at the preliminary injunction stage. Since public interest is a factor for preliminary injunctions, [the brief] may be considered by the judge in his determination of the public interest in granting the preliminary injunction.” Tridico also noted that even in light of the amici, “It is still a patent infringement case to be decided on the merits.”