Myriad gives up seventh BRCA patent fight

Molecular diagnostic company Myriad Genetics has settled the last of its seven BRCA-related patent disputes in the US, this time with genetic testing company GeneDx.

Myriad sued GeneDx at the US District Court for the District of Utah in October 2013, claiming it had infringed 16 patents—11 covering its BRCA tests and five covering its MUTYH tests.

BRCA tests analyse sequences of the BRCA1 and BRCA2 genes, mutations of which can increase an individual’s risk of developing breast or ovarian cancer. MUTYH is a human gene which, when it mutates, can cause colo-rectal cancer.

The patents are owned either just by Myriad or by the company and organisations including the University of Utah, the University of Pennsylvania, the Hospital of Sick Children and medical research company Endorecherche.

As part of the settlement, announced on Tuesday (February 17), Myriad has agreed not to sue Maryland-based GeneDx over the patents involved in the litigation. GeneDx will also continue to offer its BRCA and MUTYH testing services.

GeneDx started offering the diagnostic tests two months after the US Supreme Court ruled in June 2013 that naturally-occurring DNA is not patent eligible.

Over the last year, Myriad has settled patent infringement actions with genetics companies Ambry, Gene by Gene, Quest, Invitae and LabCorp.

Myriad previously sued those companies after they too started offering their own BRCA tests following the Supreme Court’s decision.

A spokesperson for Myriad told LSIPR: “We remain focused on our business strategy to grow our core hereditary cancer testing business, diversify our product portfolio and expand internationally.”

GeneDx did not respond to LSIPR’s request for comment.