BRCA Patent Claims Fail Again

Myriad Genetics has lost again in its efforts to claim patent protection for reading the sequence of the so-called BRCA genes associated with breast cancer.  This time, a federal judge in its home state denied its request for a preliminary injunction against another company that will sequence BRCA genes for about half the price charged by Myriad. The court rejected Myriad’s motion because it quite rightly found there is doubt Myriad can prove its patents are valid. The New York Times includes a good summary article with a link to the opinion.

The opinion begins with a cogent statement:

“On June 13, 2013, the Supreme Court issued a unanimous decision holding that “genes 

and the information they encode are not patent eligible simply because they have been isolated 

from the surrounding genetic material.” Association for Molecular Pathology v. Myriad 

Genetics Corp. (AMP), 133 S. Ct. 2107, 2120 (2013). This case arises in the aftermath of that 



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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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