Foley Hoag Files Amicus Brief With U.S. Supreme Court on Behalf of Association of University Technology Managers in Mayo v. Prometheus

December 14, 2011

Lawyers from Foley Hoag LLP’s Intellectual Property Practice Group filed an amicus curiae brief with the U.S. Supreme Court on behalf of the Association of University Technology Managers in Mayo Collaborative Services v. Prometheus Laboratories.

AUTM submitted the brief in support of Prometheus Laboratories to urge the court to affirm the judgment of the appeals court, rejecting the efforts of the petitioners and certain supporters to narrow the scope of patent eligibility. Eliminating entire categories of inventions and discoveries, as the petitioners request, would reduce the number and diversity of inventions entering the development pipeline and defeat Congress’s intent from using the patent system to move discoveries from the research laboratory to the clinical setting, according to the brief.

“AUTM has no interest in any party to this litigation or stake in the outcome of this case, other than its interest in seeking a correct, clear, and consistent interpretation of the United States patent laws in furtherance of AUTM’s mission of advancing the field of technology transfer and enhancing the ability to bring academic and non-profit research to people around the world,” the brief notes.

Donald Ware, Barbara Fiacco, Hathaway Russell and James Flaherty Jr. authored the brief for AUTM. Oral arguments in the case were heard Dec. 7.

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