2 February 2015
Myriad Genetics has settled litigation with competitors who
had been using genetic testing for breast cancer genes. The molecular
diagnostics company agreed with a number of companies not to proceed with
claims for patent infringement in return for ceasing any outstanding
counterclaims. It is in the process of reaching a settlement with those that
are remaining.
Myriad was attempting to defend patents on genetic testing
for the BRCA1 and BRCA2 genes, associated with hereditary breast and ovarian
cancer. The US Supreme Court ruled in 2013 that human genes were products of nature
and could not be patented, invalidating some of Myriad's patent claims. However,
the company attempted to enforce other patents against six competitors offering
or about to offer genetic tests for BRCA1 and BRCA2 gene mutations, including LabCorp,
Invitae and Ambry Genetics. A number of these companies responded by issuing
counter-claims against Myriad.
In December 2014 the US Court of Appeals for the Federal
Circuit upheld an earlier decision to deny Myriad an injunction what would have
prevented Ambry from selling the test. Since then, Myriad has approached other
parties about settling the claims, including agreements not to start fresh
claims under other existing patents.
Ronald Rogers, spokesman for the company, said that after
December's ruling 'we decided it was in the best interest of the company to
settle these matters'.
Myriad is developing new types of test to reduce its
reliance on the BCRA test, including a more comprehensive test of 25 genes
linked to cancer risk.
SOURCES & REFERENCES
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ScienceInsider
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28 January 2015
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Pathway Genomics (press release)
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23 January 2015
|
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New York Times
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27 January 2015
|
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genomeweb
|
26 January 2015
|
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