They say the best defense is a good offense. Ambry has taken this to heart in responding to Myriad's recent suit alleging that Ambry is infringing its patents by offering BRCA 1 & 2 testing services to women for breast cancer screening.
Ambry says "We're not infringing.". What's more? Ambry claims in its counter filing that any of the patents in question were "duly and legally issued", that the claims are infringed or valid, or that Myriad suffered any damages, and Myriad fails to state a claim for relief. BAM! Take that.
Moreover, Ambry has moved for a declaratory judgment that all of the Myriad claims are invalid and not infringed, directly or through inducement. Ambry also seeks and injunctive relief under the Clayton Act provisions, and trebel damages under the Sherman [anti-trust] Act. Ambry says Myriad is operating an unlawful monopoly and is using "bad faith" enforcement tactics with its patents -- which Ambyr further claims Myriad knows are invalid under the recent Supreme Court ruling and in the prior Mayo v. Prometheus ruling. See Patent Docs blog.
What a fine kettle of fish? Just when you thouoght it was safe to go back in the water -- Shark Week.
Posted by Bruce Lehr Aug 8th 2013.