Myriad Genetics Sues Quest for Patent Infringement

MyriadTurnabout being fair play, Myriad Genetics today filed suit against Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute for patent infringement in an action brought in the Federal District Court for the District of Utah, Central Division (complaint).  The alleged infringing activities include Quest's BRCAvantage™ Comprehensive, BRCAvantage™ Ashkenazi Jewish Screen, BRCAvantage™ Single Site, and BRCAvantage™ Rearrangements products, and the claims asserted are U.S. Patent No. 5,709,999, Claims 5, 6, 7, 10, 24, 25, 33, and/or 34; U.S. Patent No. 5,747,282, Claims 6, 16, and/or 17; U.S. Patent No.  5,753,441,  Claims 7, 8, 9, 12, 22, 23, 24, and/or 26; U.S. Patent No. 5,837,492, Claims 29 and/or 30; U.S. Patent No. 6,033,857,  Claim 4; U.S. Patent No. 6,051,379,  Claims 1, 2, 4, 5, 7, 8, 10, 11, 13, 14, 16, 17, 19, 20, 32, 33, 40, and/or 42; U.S. Patent No. 6,951,721,  Claim 5; and U.S. Patent No. 7,250,497,  Claims 3, 4, 5, 6, 7, 8, 11, 14, 17, and/or 19.

Quest DiagnosticsMyriad bases its factual allegations on the facts Quest asserted in its declaratory judgment action filed in the District Court for the Central District of California (see "Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics"), and ask for a jury trial on infringement, request a preliminary and permanent injunction, treble damages, attorneys' fees and costs of suit, enhanced damages and destruction of all Quest's products that infringe any of the asserted claims.

 

Topics:  DNA, Genetic Materials, Human Genes, Myriad, Patent Infringement, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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