Myriad Genetics (NASDAQ:MYGN), almost one month after a landmark ruling in the U.S. Supreme Court both undermined and supported the company's claim of patents for the BRCA1 and BRCA2 genes, has filed suit against a company it says has infringed on those patents.
The BRCA genes are used to test for increased risk of breast cancer.
In its ruling of June 13, the Supreme Court unanimously found that Myriad could not hold a patent on naturally occurring human genes but could patent what's known as synthetic DNA, DNA that has been changed in the laboratory to alter its natural state.
Today, Myriad filed a lawsuit in the United States District Court for the District of Utah against diagnostic testing company Ambry Genetics. Myriad alleges that Ambry infringed on Myriad's synthetic DNA and methods of use in regard to the BRCA1 and BRCA2 genes.
Myriad is seeking a preliminary injunction to stop Ambry from selling products that use Myriad's patents. Myriad is also seeking treble damages for any profits lost if found that Ambry willfully infringed on the patents.