BioCentury
ARTICLE | Company News

Gene by Gene, Myriad settle BRCA suit

February 8, 2014 1:14 AM UTC

Gene by Gene Ltd. (Houston, Texas) and Myriad Genetics Inc. (NASDAQ:MYGN) settled a July suit under which Myriad was alleging Gene by Gene infringed nine patents held or licensed by Myriad covering the breast cancer 1 early onset (BRCA1) and BRCA2 genes. The patents cover synthetic DNA and methods of use related to BRCA1 and BRCA2. Under the terms of the settlement, Gene by Gene stopped marketing in North America its genetic tests that include BRCA1 and BRCA2 analysis as a standalone test or in conjunction with gene panels. Gene by Gene can still market its whole-genome and whole-exome products and services, which include the BRCA genes, as well as its products that test variants for BRCA1 and BRCA2. The settlement is valid through Feb. 12, 2016.

Myriad filed suit last year against Gene by Gene in the U.S. District Court for the District of Utah after the company began offering BCRA1 and BRCA2 gene sequencing tests immediately after the U.S. Supreme Court ruled that isolated DNA cannot be patented but cDNA can be patented. Similar infringement suits against Ambry Genetics Corp. (Aliso Viejo, Calif.), Quest Diagnostics Inc. (NYSE:DGX) and Counsyl Inc. (South San Francisco, Calif.) are ongoing (see BioCentury, June 17, 2013). ...