Myriad Loses Again: Patents On Genetic Testing Ruled Invalid

from the now-go-forth-and-innovate dept

Thu, Dec 18th 2014 2:44pm — Glyn Moody

Back in 2013, the Supreme Court struck down patents that Myriad Genetics had obtained on naturally-occuring DNA sequences linked to breast cancer. As a result of that judgment, other companies started offering diagnostic tests based on the genes in question. Myriad claimed that despite losing patents on the DNA, its patents on tests based on that DNA were still valid, and took legal action to stop others from offering similar services. As we reported earlier this year, a federal district court judge refused to grant Myriad a preliminary injunction against one of those new entrants, and now the genetic testing patents have been ruled invalid, as Bloomberg reports: Myriad Genetics Inc. (MYGN) can't block competitors' DNA tests to determine risk for breast and ovarian cancer after a U.S. appeals court said three patents on the tests never should have been issued.

The patents cover products of nature and ideas that aren't eligible for legal protection, the U.S. Court of Appeals for the Federal Circuit said in an opinion posted today on the court's docket. The court upheld a trial judge's decision to allow the competing tests, including those made by Ambry Genetics Corp., to remain on the market.
That's great news for women who can now choose freely from among a range of diagnostic options, often at prices substantially less than comparable testing offered by Myriad. It means that Myriad's monopoly on data derived from those tests has been broken: thanks to its patents, it has created the world's largest database of mutations in breast cancer genes. Most importantly, perhaps, it opens up the field of gene-based diagnostic testing to allow new entrants to experiment and innovate more freely. That, rather than granting monopolies to a few companies, is far more likely to lead to new medical breakthroughs, products and services.

Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

14 1361 Opinion 12 15 2014 1 (PDF)14 1361 Opinion 12 15 2014 1 (Text)

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: brca1, brca2, dna, dna patents, gene patents, genetic testing, patents
Companies: myriad genetics

9 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Get off my cyber-lawn! (profile), 18 Dec 2014 @ 3:31pm

Quit thinking small-time!
Patent the RH factor of blood and every time anyone does a cross & match they have to pay you a royalty. Losers!
[ link to this | view in thread ]
Anonymous Coward, 18 Dec 2014 @ 4:15pm

shame the same thing doesn't happen with the entertainment industries. we would probably have much clearer video, much crisper sound and much smaller files sizes that make them easier to transport. if it were not for Hollywood etc, we may even have had much better reproduction on the screen, but when anyone gets near to discovering something new and beneficial to the film makers as well as the customers, the entertainment industries jump on it from a great height and keep us using the same things from 10 years ago! if they weren't so pathetic, they could be called selfish!!
[ link to this | view in thread ]
That One Guy (profile), 18 Dec 2014 @ 4:26pm

'No friend of mine'
I can only imagine that none of the lawyers for Myriad have families or friends.

Really, how would you react if, upon asking 'So how was your day/week?' someone responded with 'Been filing legal papers attempting to stop other companies from offering cheaper breast cancer screening'. To me at least, that would probably be a 'Shunned for life' event there, someone so focused on money and profits that they were willing to try and squash others offering vital medical tests, would not be someone I would care to associate with.
[ link to this | view in thread ]
Anonymous Coward, 18 Dec 2014 @ 4:35pm

Re:
if it were not for Hollywood etc, we may even have had much better reproduction on the screen...

Yeah, Hollywood refused to classify anything smuttier than X...
[ link to this | view in thread ]
Anonymous Coward, 18 Dec 2014 @ 8:04pm

That bad hing about this is they might sweep the next thing under the rug until they are sure they can patent it , greed trumps lives every time because corporations are awesome /s
[ link to this | view in thread ]
Lawrence D’Oliveiro, 18 Dec 2014 @ 10:59pm

Re: they might sweep the next thing under the rug until they are sure they can patent it
Until they manage to claim a monopoly on scientific research, that’s not likely to happen.
[ link to this | view in thread ]
Frok (profile), 18 Dec 2014 @ 11:56pm

Patent all the DNA you please in every sentient life form you create in your easy bake lab.
[ link to this | view in thread ]
Steve, 19 Dec 2014 @ 12:41am

Is there no way that their database can be forced to be made public given that it was built on legally shaky ground?
Must be shitloads of useful info in there. Or will they just shift their business model to charging for access? Or do they already do that?
[ link to this | view in thread ]
Anonymous Coward, 19 Dec 2014 @ 5:39am

Re: 'No friend of mine'
But they don't see themselves that way. "I've been making a ton of money helping a company that is working on a cure for breast cancer. Want to go for a ride in my Ferrari?"
[ link to this | view in thread ]