The Patent Doc blog covers the latest Myriad suit of genetic testing competitor, GeneDx located in MD. Myriad again filed its suit in Utah and alleged GeneDx is infringing a slew of patents relative to BRCA and to MUTYH (mutY homolog) used in heriditary colon cancer testing. See Patent Docs for all the details.
According to Patent Docs, in its suit Myriad asks for a jury trial, a judgment of infringement, preliminary and permanent injunctions against GeneDx testing, an accounting and damages, delivery for destruction of products that infringe, a finding of willful infringement, attorney's fees, enhanced damages and costs of suit. Is that all then?
Again according to PDB, Myriad may be trying to take the offensive given the two recent suits by Quest and Counsyl asking for declaratory judgment in CA courts, as it decides not to wait on the earlier request for an injunction in Utah. Myriad may be trying to serve notice that it will vigorously defend its patent suite, and market position, and is trying to force would be infringers to stay out or come to the bargaining table to seek a license.
Regardless of outcome here, patent attorneys better get cranked up for more action to come in this segment of genetic testing. It's not over till it's over.
Posted by Bruce Lehr Oct 22nd 2013.