Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Myriad sues competitors for infringing genes patents

Myriad is suing two competitors for allegedly infringing its patents on genes that can help to detect cancer, despite a ruling by the Supreme Court that human genes are ineligible for patent protection

myriad.jpg

In Association for Molecular Pathology v Myriad Genetics last month, the court ruled that isolated and purified DNA was a product of nature, which is exempt from patent protection under Section 101. The justices ruled that complementary DNA (cDNA) can be patented, however, because it requires significant human skill to create.

The genes could be used to screen for breast and ovarian cancer, but because Myriad owns the patents on them, other companies were unable to offer the tests. Utah-based Myriad charged around $3,000 for providing testing for the two genes.

Since the ruling, companies and universities have announced they will provide the tests. Last week, Myriad sued two of these companies, Ambry Genetics and Gene by Gene, claiming their tests infringed other patents owned by Myriad that were not invalidated by the court.

In a statement, Ambry CEO Charles Dunlop said the company will “vigorously defend” the complaint and the motion for preliminary injunction. He said the company has had “an overwhelming response from our clients seeking an alternative laboratory to perform BRCA testing”.

Myriad has filed a separate complaint against Gene by Gene.

more from across site and ros bottom lb

More from across our site

Johnson & Johnson won’t enforce patents for bedaquiline after months of public scrutiny and new licences for generics
We have published this year’s Corporate IP Stars list, an annual rankings publication which recognises senior in-house practitioners
The 2023 edition of Managing IP’s Rising Stars publication is now available online
Allison M Hester, attorney at Moye White, outlines Mattel's litigation history and explains what trademark lessons brands can learn from the toy company
The former BoA president won a high-profile race to succeed Christian Archambeau as executive director in July
Each week Managing IP speaks to a different IP professional about their life and career
Van Anh Le, assistant professor in IP law at Durham University, assesses the US-Vietnam partnership and the potential implications for Vietnam's IP landscape
Civil society and industry representatives met in Geneva yesterday, September 28 to discuss a potential expansion of the TRIPS waiver
Sources say the beta version of the USPTO’s new trademark search tool is a big improvement over the current system but that it isn’t perfect
Canadian counsel weigh in on the IP office’s decision to raise trademark filing fees in 2024 and how they’re preparing clients