Myriad sues competitors for infringing genes patents

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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 SHARED ros bottom lb

More from across our site

After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Gift this article