IN RE BRCA1- & BRCA2-BASED HEREDITARY CANCER TEST

Attorney(s) appearing for the Case

Jonathan E. Singer , Fish & Richardson P.C., of Minneapolis, MN, argued for plaintiffs-appellants. With him on the brief were Deanna J. Reichel ; and Geoff D. Biegler , of San Diego, CA. Of counsel on the brief were David G. Mangum , Michael R. McCarthy , Kristine E. Johnson , and C. Kevin Speirs , Parsons Behle & Latimer, of Salt Lake City, UT.

William G. Gaede , McDermott Will & Emery LLP, of Menlo Park, CA, argued for defendant-appellee. With him on the brief were Eric W. Hagen and James W. Hill ; M. Miller Baker and Daniel K. Greene , of Washington, DC, and John C. Low , of Houston, TX.

Sandra S. Park , American Civil Liberties Union Foundation of New York, New York for amici curiae. With her on the brief was Lenora M. Lapidus. Of counsel on the brief was Barbara Jones , AARP Foundation Litigation of Pasadena, CA.

Before PROST, Chief Judge, CLEVENGER and DYK, Circuit Judges.