Myriad Genetics and GeneDx have reached a settlement in a lawsuit over tests for genetic mutations related to breast and ovarian cancer. The latest agreement officially ends patent infringement litigation between Myriad and a slew of companies over the tests.
Maryland-based GeneDx will continue to sell diagnostic services that include testing for mutations in the BRCA1 and BRCA2 genes, which are associated with higher risks of hereditary breast and ovarian cancer, the settlement specifies.
The law firm representing GeneDx, Sterne, Kessler, Goldstein & Fox, declined to comment further on the settlement, which it said is confidential. Myriad is “satisfied to have this matter behind us,” said Ron Rogers, a Myriad spokesman.
Myriad, based in Salt Lake City, was the only provider of the tests until 2013, when the U.S. Supreme Court ruled that companies cannot patent DNA. At the time, several companies announced plans to sell their own BRCA tests, but Myriad continued to argue that its gene-testing patent remained valid despite the court's ruling that it couldn't hold patents on the genes themselves.
GeneDx was the last of a number of companies to settle with Myriad over BRCA testing. Others include Quest Diagnostics, Pathway Genomics, Ambry Genetics, Counsyl, Laboratory Corporation of America and Invitae, according to Myriad.
Rogers said Myriad remains “focused on implementing our three-part growth strategy, which is to grow our core hereditary cancer testing business, diversify our product portfolio and expand internationally.”
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