More from the legal frontlines in the Patent Docs blog in the ongoing saga of suits and countersuits among Myriad and a host of adversary companies. This time we're talking specifically about Ambry Genetics and Gene-to-Gene. In this case, the defendents claim Myriad is liable under antitrust law for filing sham lawsuits against them for infringement. Myriad says it is exempt and asks for a dismissal.
The defendants claim Myriad knows its infringement suit is invalid due to the recent Supreme Court rulings in Mayo and Myriad that would invalidate Myriad patents the defendents are supposedly infringing -- thus the claim the suit is a sham and not entitled to antitrust protection. Further they [defendants] have raised "substantial and detailed factual allegations" that the District Court must take as true in deciding whether to deny Myriad's motion.
Well, time to wait for the next Court decision to see where we go next.
Posted by Bruce Lehr Oct 30th 2013.