News & Analysis as of September 19, 2024

Myriad › Patents › BRCA

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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 -

Australian High Court Rules Gene Patents Unpatentable

BakerHostetler on 10/14/2015

Like the United States Supreme Court, the High Court of Australia has determined that Myriad’s patents directed to purified and isolated DNA molecules encoding the BRCA genes are unpatentable. Indeed, the Australian Court...more

News from Abroad: High Court of Australia Hears Myriad Appeal

McDonnell Boehnen Hulbert & Berghoff LLP on 6/17/2015

The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad's claims to isolated nucleic acids. The question before the...more

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

The ACLU, Working for the Man

McDonnell Boehnen Hulbert & Berghoff LLP on 3/25/2015

The ACLU championed its efforts in the AMP v. Myriad case as being another instance of the group fighting for the rights of the many and the powerless against corporate America and the oligarchical few. In a paradox, it now...more

Myriad Set for Another Round

Foley & Lardner LLP on 9/30/2014

On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test...more

Breaking News – Full Federal Court Confirms Patentability of Isolated Genes

K&L Gates LLP on 9/5/2014

A five-judge bench of the Full Court of the Federal Court of Australia (Full Court) has today unanimously decided that Myriad Genetics Inc's (Myriad) patent covering the isolated BRCA1 gene (Patent) is patentable subject...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

Panel on Multidistrict Litigation Consolidates Myriad Cases in Utah District Court

McDonnell Boehnen Hulbert & Berghoff LLP on 3/20/2014

The old adage "Be careful what you wish for" comes to mind regarding Myriad Genetics' motion to the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407, that cases relating to the company's BRCA gene patents be...more

District Court Doubts Patent Eligibility of Myriad BRCA Claims

Foley & Lardner LLP on 3/19/2014

In a decision issued March 10, 2014, Judge Shelby of the U.S. District Court for the District of Utah denied Myriad’s motion for a preliminary injunction against Ambry Genetics Corp. While Ambry had challenged the validity of...more

Utah Judge Denies Myriad's Preliminary Injunction Motion

McDonnell Boehnen Hulbert & Berghoff LLP on 3/12/2014

In a 106-page opinion, U.S. District Court Judge Robert J. Shelby on Monday denied Myriad Genetics motion for preliminary injunction in Myriad Genetics v. Ambry Genetics. Characteristic of its aggressive defense of its...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

Top Stories of 2013: #7 to #10

McDonnell Boehnen Hulbert & Berghoff LLP on 1/2/2014

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

In Defense of Patenting

McDonnell Boehnen Hulbert & Berghoff LLP on 12/20/2013

Fritz Machlup, an economist, once said that if we didn't have a patent system it would be irresponsible to recommend one, but since we have one, it would be irresponsible to abolish it. An Economic Review of the Patent...more

Myriad Genetics Sues LabCorp over BRCA Gene Testing

McDonnell Boehnen Hulbert & Berghoff LLP on 12/5/2013

The very latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is LabCorp (Laboratory Corporation of America), located in Burlington, North Carolina. ...more

Myriad Genetics Sues Invitae over BRCA Gene Testing and Invitae Sues Right Back

McDonnell Boehnen Hulbert & Berghoff LLP on 11/29/2013

The latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is Invitae Corp. located in San Francisco. Myriad sued Invitae on Monday in the District of...more

Myriad Sues GeneDx on BRCA and Other Genetic Diagnostic Patents

McDonnell Boehnen Hulbert & Berghoff LLP on 10/22/2013

After a brief hiatus that saw Counsyl and Quest Diagnostics file declaratory judgment actions in alternate venues, Myriad has filed yet another lawsuit against a genetic diagnostics company that brought its own BRCA gene...more

Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics

McDonnell Boehnen Hulbert & Berghoff LLP on 10/14/2013

Myriad is facing yet another challenge to its remaining BRCA gene testing franchise, this time from Quest Diagnostics joined by its R&D arm, Nichols Institute. Quest is "the world's leading provider of diagnostic information...more

Bay Area Genetic Diagnostics Company Files Declaratory Judgment Action against Myriad Genetics

McDonnell Boehnen Hulbert & Berghoff LLP on 10/11/2013

Whether relying on Carl von Clausewitz or Jack Dempsey for the sentiment, Counsyl, Inc., a genetic diagnostic testing company has decided that the best defense against Myriad Genetics is a good offense and, accordingly, has...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

Why Does Myriad Think It Can Win BRCA Gene Lawsuits?

McDonnell Boehnen Hulbert & Berghoff LLP on 7/31/2013

Earlier this month, Myriad Genetics filed patent infringement lawsuits against Ambry Genetics (on July 9th) and Gene-by-Gene (on July 10th). Filed with the complaint in the Ambry lawsuit was a Motion for Preliminary...more

Senator Leahy Urges NIH to Use March-In Rights on Myriad BRCA Test

McDonnell Boehnen Hulbert & Berghoff LLP on 7/18/2013

On Friday, Sen. Patrick Leahy (D-VT) sent a letter to Dr. Francis Collins, the Director of the National Institutes of Health (NIH), "to urge [the Director] to consider using march-in rights under the Bayh-Dole Act to ensure...more

Myriad Genetics Files Infringement Suit Against Gene by Gene for Genetic Diagnostic Testing of BRCA Genes Hidden Field

McDonnell Boehnen Hulbert & Berghoff LLP on 7/11/2013

A day after Myriad Genetics sued Ambry Genetics for patent infringement, the company filed suit in the District of Utah, Central Divisions against Gene by Gene Ltd. (Case No. 2:13-cv-00643-EJF; complaint). The complaint is...more

Myriad Sues Ambry for Offering BRCA1/BRCA2 Breast Cancer Genetic Testing

Foley & Lardner LLP on 7/11/2013

On July 9, 2013, Myriad Genetics, Inc. brought suit against Ambry Genetics Corporation, alleging that Ambry is infringing ten (10) patents by offering breast cancer genetic testing for the BRCA1 and/or BRCA2 mutations...more

Supreme Court Rules on Validity of Patents for Genetic Information

King & Spalding on 6/29/2013

On June 13, the U.S. Supreme Court handed down a ruling in Association for Molecular Pathology et. al. v. Myriad Genetics, the outcome of which was considered crucial in the development of genetic research....more

Patent Watch: Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

BakerHostetler on 6/15/2013

A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring....more

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