News & Analysis as of September 19, 2024

Myriad › Genetic Testing › 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 -

Myriad Throws in the Towel

McDonnell Boehnen Hulbert & Berghoff LLP on 1/28/2015

In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of the Court's holding in its opinion) filed...more

Myriad Appeals Adverse Preliminary Injunction Decision

McDonnell Boehnen Hulbert & Berghoff LLP on 3/21/2014

On March 13, Myriad Genetics filed a Notice of (interlocutory) Appeal with the Federal Circuit. Myriad is seeking to have the Court review and reverse the District Court's denial of the company's preliminary jnjunction...more

Gene-by-Gene Cries Uncle, Settles with Myriad Genetics

McDonnell Boehnen Hulbert & Berghoff LLP on 2/10/2014

Gene-by-Gene, Inc. was one of the first direct-to-consumer (DTC) genetic diagnostics companies to announce that it would offer BRCA1/BRCA2 testing after the Supreme Court's decision last June that certain of Myriad Genetics'...more

Preliminary Injunction in Myriad v. Ambry and Gene-by Gene: Myriad Replies

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

Not to be outdone by defendants Ambry Genetics and Gene-by-Gene's 109-page brief in opposition to Myriad's Preliminary Injunction Motion, Myriad has now filed a Reply Brief weighing in at 140 pages (page limits in briefs...more

Federal Circuit Remands Sequenom Down Syndrome Test Platform Patent for Consideration Under Myriad

Foley & Lardner LLP on 8/13/2013

In Aria Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit vacated and remanded the district court’s decision denying Sequenom’s motion for a preliminary injunction relating to a patent covering the non-invasive...more

Patents, Genetic Testing, and Federal Funding

Foley & Lardner LLP on 7/18/2013

In a July 12, 2013 letter to Dr. Francis S. Collins of the National Institutes of Health (“NIH”), Senator Patrick J. Leahy urged the NIH to exercise its march-in rights under the Bayh-Dole Act to directly license the genetic...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

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

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