Attorney(s) appearing for the Case
Christopher A. Hansen, American Civil Liberties Union Foundation, of New York, NY, argued for plaintiffs-appellees. With him on the brief were Sandra S. Park, Aden Fine, and Lenora M. Lapidus. Of counsel on the brief were Daniel B. Ravicher and Sabrina Y. Hassan, Public Patent Foundation, Benjamin N. Cardozo, School of Law, of New York, NY.
Gregory A. Castanias, Jones Day, of Washington, DC, argued for all defendant-appellants. With him on the brief were Jennifer L. Swize, of Washington, DC, Israel Sasha Mayergoyz and Dennis Murashko, of Chicago, IL, Brian M. Poissant, Laura A. Coruzzi and Eileen Falvey, of New York, NY. Of counsel were Benjamin Jackson, and Jay Z. Zhang, Myriad Genetics, of Salt Lake City, UT.
Melissa N. Patterson, Attorney, Civil Division, Appellate Staff, United States Department of Justice, of Washington, DC, argued for amicus curiae, United States. With her on the brief were Stuart F. Delery, Acting Assistant Attorney General, Beth S. Brinkmann, Deputy Assistant Attorney General and Scott R. McItosh, Attorney. Of counsel was Mark R. Freeman.
Thomas J. Kowalski, Vedder Price PC, of New York, New York, for amicus curiae Protein Sciences Corporation. With him on the brief were Deborah L. Lu; and Robert S. Rigg, of Chicago, IL.
Robert A. Armitage, Eli Lilly and Company, Indianapolis, IN, for amicus curiae, Eli Lilly and Company. With him on the brief was James J. Kelley.
Christopher M. Holman, University of Missouri-Kansas City School of Law, of Kansas City, MO, for amicus curiae Law Professor Christopher M. Holman.
Charles R. Macedo, Amster Rothstein & Ebenstein, LLP, of New York, NY, for amicus curiae, New York Intellectual Property Law Association. Of counsel on the brief were Ronald M. Daignault and Matthew B. McFarlane, Robins, Kaplan, Miller & Ciresi, L.L.P. of New York, NY.
Lori B. Andrews, IIT Chicago-Kent College of Law, of Chicago, IL, for amicus curiae, The American College of Embryology, et al. Of counsel was Joshua D. Sarnoff, DePaul University College of Law, of Chicago, IL.
Debra L. Greenfield, UCLA Institute for Society and Genetics, of Los Angeles, CA, for amici curiae, The National Women's Health Network, et al.
Krista L. Cox, Knowledge Ecology International, of Washington, DC, for amicus curiae, Knowledge Ecology International, et al.
Richard F. Phillips, Intellectual Property Owners Association, of Washington, DC, for amicus curiae, Intellectual Property Owners Association. With him on the brief was Kevin H. Rhodes. Of counsel on the brief were Paul H. Berghoff, Kevin E. Noonan and Jeffrey P. Armstrong, McDonnell Boehnen Hulbert & Berghoff, LLP, of Chicago, IL. Of counsel were Herbert C. Wamsley, Intellectual Property Owners, of Washington, DC, and Douglas Kent Norman, Eli Lilly & Company, of Indianapolis, IN.
Barbara R. Rudolph, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Washington, DC, for amicus curiae, American Intellectual Property Law Association. With her on the brief were Robert D. Litowitz, Erika Harmon Arner and David S. Forman. Of counsel on the brief was William G. Barber, American Intellectual Property Law Association, of Arlington, VA. Of counsel were David Warren Hill, American Intellectual Property, of Arlington, VA, and Robert C. Stanley, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Atlanta, GA.
William T. Robinson, III, American Bar Association, of Chicago, IL, for amicus curiae, American Bar Association. Of counsel on the brief were John P. Elwood, Vinson & Elkins, LLP, of Washington, DC; and Michael A. Valek, Stephen C. Stout, of Austin, TX.
Mark J. Gatschet, Mark John Gatschet, P.L.L.C., of Houston, TX, for amicus curiae, Mark J. Gatschet and Richard W. Knight. Of counsel on the brief was Richard W. Knight, R.W. Knight P.C. of San Antonio, TX.
Claire Laporte, Foley Hoag, LLP, of Boston, MA, for amicus curiae Federal Circuit Bar Association. With her on the brief was James M. Flaherty, Jr.
John L. Hendricks, Hitchcock Evert, LLP, of Dallas, TX, for amicus curiae, AARP, et al. With him on the brief were Megan M. O'Laughlin and John T. Tower. Of counsel was Michael R. Schuster.
J. Timothy Keane, Harness, Dickey & Pierce, PLC, of St. Louis, MO, for amicus curiae, BioGenerator, et al.
Susan E. McBee, Baker, Donelson, Bearman, Caldwell, and Berkowitz, P.C., of Washington, DC, for amicus curiae, Immatics Biotechnologie, GmbH. With her on the brief was Bryan W. Jones.
Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr, LLP, of Washington, DC, for amicus curiae, Biotechnology Industry Organization, et al. With him on the brief was Thomas G. Saunders. Of counsel on the brief was Mark C. Fleming, of Boston, MA, and Hansjorg Salter, Biotechnology Industry Organization, of Washington, DC. Of counsel was Allen C. Nunnally, Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, MA.
Jennifer Gordon, Baker Botts, L.L.P. of New York, NY, for amicus curiae, Croplife International. With her on the brief were Steven Lendaris and Jennifer C. Tempesta.
Matthew J. Dowd, Wiley Rein LLP, of Washington, DC, for amicus curiae, James D. Watson. With him on the brief was James H. Wallace, Jr.
Kurt G. Calia, Covington & Burling, LLP, of Redwood Shores, CA, for amicus curiae, Pharmaceutical Research and Manufacturers of America. With him on the brief were Robert A. Long, Jr. and Allison E. Kerndt, of Washington, DC, and Alexa R. Hansen, of San Francisco, CA.
Eileen M. Kane, Penn State Dickinson School of Law, of University Park, PA, for amicus curiae, Professor Eileen M. Kane.
Genevieve E. Scott, Yale School of Law, of Brooklyn, NY, for amicus curiae, Information Society Project at Yale Law School Scholars. With her on the brief was Priscilla J. Smith.
Robert Sachs, Fenwick & West, LLP, of San Francisco, CA, for amicus curiae, Advanced Biological Laboratories, SA.
Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring in part filed by Circuit Judge MOORE. Opinion concurring in part and dissenting in part filed by Circuit Judge BRYSON.
