The Gene Patent Wars Continue – Myriad Files Suit to Enjoin BRACA Testing

The Myriad decision was supposed to end Myriad’s stranglehold on testing for mutations of BRACA genes. The patent was illegal because genes are not patentable. The patent was inequitable because Myriad was merely one of several research groups involved in the ultimately successful effort to find the BRACA genes.

Unfortunately, SCOTUS did not write sweepingly enough, and so Myriad’s patent lawyers are now back with a lawsuit trying to enjoin BRACA gene testing by at least one lab that started up BRACA testing after the Myriad decision. Other labs, apparently, are still testing, at least for now. The lawsuit is reported in some detail at Patent Docs.



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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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