They did if you concur with the opinion of Kevin Noonan, author of the Patent Docs Blog. According to him, their response in AMP v. Myriad Genetics will not stir the Supremes passions.
He opines that Myriad should have made a point of "Emphasizing the negative consequences on progress and innovation of a decision in the ACLU's favor would have provided the Court with greater motivation to pause before taking a broad, sweeping and unnecessary position on where the balance should be struck on patenting isolated human DNA. Myriad's brief gives the Court no basis for doing so."
And their lukewarm brief is likely to go down in defeat. The consequences may not be so good for those pursuing (or holding) gene patents.
Posted by Bruce Lehe Mar 12th 2013.
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