Myriad Genetics, Quest Diagnostics diagnostic news
Quest Diagnostics filed a suit in the U.S. District Court for the Central District of California seeking a declaratory judgment that Quest's breast cancer 1 early onset (BRCA1) and BRCA2 tests do not infringe Myriad's BRCA1 and BRCA2 patents. Earlier this month, Quest launched its BRCAvantage in the U.S. to detect mutations in the two genes that correlate with increased risk of breast and ovarian cancer (see BioCentury, Oct. 21).
According to Quest Diagnostics Incorporated et al. v. Myriad Genetics, Inc., Quest's assay "does not make or use cloned DNA and does not make use of any BRCA1 or BRCA2 specific primers-subject matter covered by [Myriad's patents.]" The complaint cites two patent infringement suits Myriad filed in July against Ambry Genetics Corp. (Aliso Viejo, Calif.) and Gene By Gene Ltd. (Houston, Texas) relating to their breast cancer tests and the U.S. Supreme Court ruling in June that isolated DNA cannot be patented but cDNA can be patented. Last month, Counsyl Inc. (South San Francisco, Calif.) filed a similar suit against Myriad in the U.S. District Court for the Northern District of California (see BioCentury, June 17; July 15; Aug. 19 & Oct. 7). ...