News & Analysis as of September 18, 2024

Myriad › Gene Patenting › DNA

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Myriad Genetics is a publicly-traded molecular diagnostic company headquartered in Salt Lake City, Utah. Myriad's business model centers around isolating particular genes and determining their role in the... more +

Myriad Genetics is a publicly-traded molecular diagnostic company headquartered in Salt Lake City, Utah. Myriad's business model centers around isolating particular genes and determining their role in the development and progression of disease. Myriad's patenting practices have elicited considerable controversy with many opponents charging that Myriad cannot rightfully patent human genes. Opponents argue that human genes are naturally occurring and not patent-eligible subject matter. Myriad counters that the practice of isolating genes is a process distinct from the genes themselves and thus, is patentable. The U.S. Supreme Court is currently considering the validity of Myriad's patents in AMP v. Myriad Genetics. less -

Koepsell and Noonan on Gene Patenting

McDonnell Boehnen Hulbert & Berghoff LLP on 5/29/2015

In 2009, the first edition of Dr. David Koepsell's book "Who Owns You: The Corporate Gold Rush to Patent Your Genes" was published. With the second edition of his text about to be published, Dr. Koepsell allowed Patent Docs...more

Myriad Genetics Files Suit Against Ambry Genetics for Genetic Diagnostic Testing of BRCA Genes

McDonnell Boehnen Hulbert & Berghoff LLP on 7/10/2013

Today Myriad Genetics sued Ambry Genetics, Corp. in the District of Utah, Central Division for patent infringement of ten patents relating to genetic diagnostic testing (Case No. 2:13-cv-00640-RJS; complaint). ...more

US Supreme Court Holds cDNA Patent Eligible, but Isolated DNA Not

Farella Braun + Martel LLP on 6/18/2013

On June 13, the United States Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ (2013). The case concerned whether claims drawn to isolated DNA and cDNA were...more

Supreme Court’s Myriad Decision on Patenting Isolated DNA

Cozen O'Connor on 6/18/2013

The Supreme Court of the United States has now ruled on the patent eligibility of isolated DNA. On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., the Court unanimously held that a “naturally...more

McAfee & Taft tIP Sheet - June 2013: Big or small, the loss of gene patents may affect us all

McAfee & Taft on 6/17/2013

On June 13th, 2013, the U.S. Supreme Court unanimously held in Association for Molecular Pathology v. Myriad Genetics that isolated DNA is not eligible for patent protection....more

The Supreme Court Nixes Claims to Isolated Genomic DNA

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 6/13/2013

The U.S. Supreme Court decided today that claims to isolated genomic DNA are not patentable subject matter and thus invalid. This decision rendered invalid patent claims owned by Myriad Genetics as well as thousands of patent...more

The Myriad Case and "Gene" Patents: Much Ado about Nothing?

McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

The biggest concern of the biotechnology industry caused by the impending Supreme Court decision in the AMP v. Myriad Genetics case is the threat to existing patents having claims to isolated human DNA (and the DNA from other...more

Australian Federal Court Upholds Myriad’s Gene Patent

Morrison & Foerster LLP on 2/19/2013

While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld Myriad Genetics’ patent on methods for screening for cancer-predisposing...more

Myriad Posts Gene Patenting Victory in Australia

Foley & Lardner LLP on 2/19/2013

In a companion case to the “gene patenting” dispute presently before the U.S. Supreme Court, Myriad Genetics, Inc. successfully defended the patent-eligibility of “gene patents” in Australia. In Cancer Voices et al. v. Myriad...more

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