BIO and PhRMA as amici curiae supporting appellants and in favor of en banc reconsideration in Ariosa Diagnostics Inc et al v. Sequenom Inc. et al (Appeals from the US District Court for the Northern District of California)


The Biotechnology Industry Organization (BIO) is the world's largest

biotechnology trade association, with over 1,100 members worldwide involved in

the research and development of innovative healthcare, agricultural, industrial, and

environmental biotechnology products. The Pharmaceutical Research and

Manufacturers of America (PhRMA) is a voluntary, nonprofit association

representing the nation’s leading research-based pharmaceutical and biotechnology

companies. PhRMA’s member companies are dedicated to discovering medicines

that enable patients to lead longer, healthier, and more productive lives. BIO and

PhRMA are concerned that the development and commercialization of a range of

biotechnologies will be impeded if this Court does not address the mounting

uncertainty currently afflicting patentable subject matter jurisprudence.

Amici have no direct stake in the result of this appeal. No counsel for a party

authored this brief in whole or in part, and no such counsel or party, nor any person

other than the amici curiae or their counsel, made a monetary contribution intended

to fund the preparation or submission of this brief. This brief is solely the work of

BIO and PhRMA and their counsel; it reflects the amici’s consensus view, but not

necessarily the view of any individual member. Pursuant to Fed. Cir. R. 35(g)

amici are contemporaneously filing a motion for leave to file this brief.