Back in July, BioNews Texas reported on how Myriad Genetics had filed a lawsuit against Houston-Based Gene-By-Gene for offering BRCA testing — a test that Myriad claimed as proprietary to their brand, in spite of an earlier Supreme Court ruling that suggested genomics cannot be patented. Gene By Gene believed that the Supreme Ruling was ample precedent for offering competitive BRCA testing, and countersued Myriad. Now, according to a press release issued today, Gene by Gene has reached a major settlement with Myriad that will end the legal dispute.
The settlement agreement between Myriad Genetics, Inc. and the University of Utah Research Foundation, HSC Research and Development Limited Partnership, Endorecherche, Inc., and the Trustees of the University of Pennsylvania (the “Patent Owners”) stipulates that, effective immediately, Gene by Gene will be permitted to continue to conduct BRCA1 and BRCA2 tests in North America, so long as the tests are part of Gene By Gene’s whole genome and exome products and services, a well as custom array products that test variants for inherited Mendelian disorders, including variants for BRCA1 and BRCA2.
Gene By Gene has agreed to stop offering the specific BRCA1 and BRCA 2 tests within North America — however, the company will still offer those individual, standalone tests elsewhere throughout the world.
The terms of this agreement are set to continue “until the earlier of February 12, 2016 or the last-to-expire valid patent claim in any of the BRCA patents involved in the case.” As a result of the agreement, the Patent Owners plan to completely dismiss the patent infringement case against Gene By Gene.
Founded in 2000, Gene By Gene, Ltd. provides reliable DNA testing to a wide range of consumer and institutional customers through its four divisions focusing on ancestry, health, research and paternity. Gene By Gene provides DNA tests through its Family Tree DNA division, which pioneered the concept of direct-to-consumer testing in the field of genetic genealogy more than a decade ago. Gene by Gene is CLIA registered and through its clinical-health division DNA Traits offers regulated diagnostic tests. DNA DTC is the Research Use Only (RUO) division serving both direct-to-consumer and institutional clients worldwide. Gene By Gene offers AABB certified relationship tests through its paternity testing division, DNA Findings.