Gene By Gene, Ltd. has taken action in the case of Myriad Genetics suing the Houston-based DNA testing company and Ambry Genetics over claims that both are still in violation of patent infringement on synthetic DNA, which was ostensibly upheld in the Supreme Count’s landmark decision back in June. In the wake of Myriad announcing their lawsuit, Ambry promised that they would take decisive action to defend themselves. Now, Gene By Gene has announced that it is teaming with Ambry Genetics in a joint defense against Myriad Genetics‘ patent infringement BRCA1 and 2 lawsuits, as well as launching a countersuit against Myriad for violations of the Federal Antitrust Act.
In addition, yesterday Gene By Gene also filed a declaration with the court in an effort to outline the specific details of its BRCA1 and BRCA2 tests, which it plans on continuing to offer to the public while these new court proceedings continue.
Gene By Gene President Bennett Greenspan commented in a statement, “We look forward to a swift resolution of this litigation to level the playing field for test providers, and to enable greater numbers of people to benefit from the genomics revolution,” adding that, “The Supreme Court was very clear that gene sequences, even when isolated, cannot be patented. In light of this ruling we are pleased that we can now offer Americans the benefit of this more affordable test that we have already successfully offered to overseas clients.”
Prior to the recent court ruling, Gene By Gene had been providing the now-popular breast cancer screening tests to individuals outside the United States since 2012 at the company’s Genomic Research Center in Houston, a CLIA-registered lab. To date, Gene By Gene has conducted various DNA tests for close to a million individuals. However, the Supreme Court’s ruling in the patent matter is a significant turn over events for companies such as Gene By Gene and Ambry, which both stand to gain by being able to offer cost-competitive BRCA DNA tests in the U.S., thus challenging Myriad’s long-standing cornering of that market through their patents.
Photo from genebygene.com, cnn.com