In June, the US Supreme Court ruled that Utah-based Myriad Genetics could not retain patents on two cancer-related genes (BRCA1 and BRCA2), which seemed to settle the gene-patenting debate. When new companies like Family Tree DNA, a subsidiary of the commercial genetic testing company Gene by Gene, and Ambry Genetics announced that they would offer genetic tests using Myriad’s formerly patented genes, however, Myriad immediately filed a motion for preliminary injunctive relief against these companies.
Since that time, Myriad has been fighting the Supreme Court ruling and the company is now ramping up its dispute. Myriad has filed six lawsuits in U.S. District Court for Utah against the companies that say they are offering or plan to offer competing tests, and three have sued Myriad in California. Myriad is asking to consolidate all of the cases in Salt Lake City.
“We continue to believe our patent claims are valid and enforceable and we will defend our rights,” said Ronald Rogers, spokesman for Myriad Genetics. “Patent protection provides the research-based industries like Myriad with an incentive to invest in research and development.”
Read the full, original story: Utah’s Myriad Genetics ramps up gene patenting dispute
Additional Resources:
- “Myriad attempt to block expansion of breast cancer screening tests hinges on ethical, legal questions,” Genetic Literacy Project
- “Federal court confirms stance on patenting genes, invalidates Down syndrome test patent,” New York Times
- “Quest Diagnostics challenges Myriad’s monopoly of breast cancer gene tests,” Forbes
