Myriad Genetics Reaches Settlement with Houston-Based Gene by Gene

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Myriad Genetics Inc. (NASDAQ:MYGN) and its affiliates have reached a settlement in a lawsuit against Gene by Gene Ltd., a Houston-based company, over genetic testing for the BRCA1 and BRCA2 genes, mutations of which can indicate a high risk of breast and ovarian cancer, according to the Salt Lake Tribune.

The “patent owners” of the patents in question include the University of Utah Research Foundation, HSC Research and Development Limited Partnership, Endorecherche Inc., and the Trustees of the University of Pennsylvania along with Myriad Genetics.

As part of the agreement, Gene by Gene will discontinue selling or marketing clinical diagnostics tests of the two BRCA genes within North America. Gene by Gene may continue to sell and market the tests outside of North America, though, and the two parties have also agreed that the company may continue to offer whole genome and exome products and services, which include the BRCA1 and BRCA2 genes as well as custom array products that test for BRCA1 and 2 genes, along with a number of other inherited Mendelian disorders, per a Myriad Genetics press release, seen by the Wall Street Journal.

The settlement effectively ends a lawsuit originally filed in July, in which Myriad Genetics and the other patent owners alleged that Gene by Gene’s BRCA testing process infringes on certain claims in Myriad’s patents regarding synthetic DNA and methods of use for the BRCA1 and BRCA2 genes.

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