Clearly, Myriad intends to defend its IP in the field of BRCA 1 & 2 testing for predisposition to breast and ovarian cancer. The Supreme Court decision was hailed last week by opponents of "gene patents" as it was projected by them to free the world from the evil clutches of companies like Myriad -- and would purportedly open up the market for many providers to perform Myriad-like breast cancer predisposition screening.
Ah, not so fast. This week Myriad has already filed suit against Ambry Genetics and Gene by Gene Diagnostic Testing -- both for advertising and offering testing services for BRCA 1 & 2. Myriad says both companies are in violation for provisions of 9 different Myriad patents. The University of Utah Research Foundation, the trustees of the University of Pennsylvania, HSC Research and Development Limited Patnership, and Endorecherche Inc have joined Myriad in their suit.
So if you thought it was over when the Germans bombed Pearl Harbor. Well you got another think coming. Myriad has a plethora of IP beyond the isolated gene claims that we batted about in the legal system for the past couple years. And despite that case coming to an end, we are right back where we started in terms of BRCA 1 & 2 testing options and freedom of competitors to operate without a license from Myriad and friends.
Posted by Bruce Lehr July 12th 2013.