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.