Category: Patent Litigation

By Kevin E. Noonan — It is often to a patentee plaintiff's strategic advantage to file suit in the district in which it resides, to obtain whatever "home court" advantage may attach to that venue.  Myriad's choice of filing its post-Supreme Court opinion patent infringement lawsuits reflects this strategy, as does declaratory judgment plaintiffs Counsyl,…

By Kevin E. Noonan — The very latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is LabCorp (Laboratory Corporation of America), located in Burlington, North Carolina.  Myriad sued LabCorp on Tuesday in the District of Utah, Central Divisions (Case No. 2:13-cv-01069-BCW; complaint).  Myriad's…

By Kevin E. Noonan — The latest company targeted by Myriad Genetics for offering a genetic diagnostic test encompassing the human BRCA 1 and BRCA 2 genes is Invitae Corp. located in San Francisco.  Myriad sued Invitae on Monday in the District of Utah, Central Divisions (Case No. 2:13-CV-01049-EJF; complaint), and the next day Invitae filed…

By Kevin E. Noonan — In responding to Myriad Genetics' complaint for patent infringement, both Ambry Genetics and Gene-by-Gene asserted counterclaims under the Sherman Antitrust Act, predicated on Myriad's filing its patent infringement lawsuit.  Myriad filed motions with the District Court to dismiss these antitrust counterclaims under Fed. R. Civ Pro 12(b)(6) for failure to…

By Kevin E. Noonan — Lest anyone think that Myriad Genetics is the only patentee asserting rights in patents having claims to isolated DNA molecules or other biological molecules, St. Jude's Children's Research Hospital, Inc. has sued Novartis Pharmaceuticals Corp. in the Federal District Court, Western District of Tennessee for infringing U.S. Patent Nos. 5,529,925;…

By Kevin E. Noonan — On July 19th, Myriad Genetics amended its complaint against Ambry Genetics to include claims to its patents relating to colon cancer predictive genetic diagnostic testing (amended complaint).  For those keeping score, the specific claims Myriad alleges are infringed include the following:  claim 6 of U.S. Patent No. 5,709,999; claims 6,…

By Kevin E. Noonan — Turnabout being fair play, Myriad Genetics today filed suit against Quest Diagnostics, Inc. and Quest Diagnostics Nichols Institute for patent infringement in an action brought in the Federal District Court for the District of Utah, Central Division (complaint).  The alleged infringing activities include Quest's BRCAvantage™ Comprehensive, BRCAvantage™ Ashkenazi Jewish Screen,…

By Kevin E. Noonan — After a brief hiatus that saw Counsyl and Quest Diagnostics file declaratory judgment actions in alternate venues, Myriad has filed yet another lawsuit against a genetic diagnostics company that brought its own BRCA gene testing to market after the Supreme Court's decision in AMP v. Myriad Genetics.  Last Wednesday, Myriad…

By Kevin E. Noonan — Myriad is facing yet another challenge to its remaining BRCA gene testing franchise, this time from Quest Diagnostics joined by its R&D arm, Nichols Institute.  Quest is "the world's leading provider of diagnostic information services, and is a pioneer in developing innovative diagnostic tests and advanced healthcare information technology solutions…

By Kevin E. Noonan — Whether relying on Carl von Clausewitz or Jack Dempsey for the sentiment, Counsyl, Inc., a genetic diagnostic testing company has decided that the best defense against Myriad Genetics is a good offense and, accordingly, has filed a declaratory judgment action in the Northern District of California (the venue having the…