Myriad is filing suit to stop the companies from manufacturing the test, stating they violate other patents that were not covered in the court decision. Three other companies that receive royalties also joined in the lawsuit.
Now we are down to a patent battle, which one was it? Both companies have had an over whelming response as the tests of course are less expensive than the $4000.00 one offered by Myriad. Myriad has over 500 patents so go figure. BD
Within hours of the decision, various companies and academic laboratories announced they would offer tests of those two genes, breaking the hold that Myriad held for nearly two decades. Many of the new tests were less expensive than the roughly $4,000 that Myriad charged for a full analysis of the two genes, BRCA1 and BRCA2.
But Myriad this week sued two of those competitors — Ambry Genetics and Gene by Gene — saying their tests infringed some of the more than 500 other patent claims that were not invalidated by the Supreme Court, for instance, on synthetic DNA used as probes and on methods of testing.
Ambry, which is based in Southern California, said it would vigorously defend itself. “We have had an overwhelming response from our clients seeking an alternative laboratory to perform BRCA testing, and Ambry is fully committed to support our clients and patients moving forward,” Charles Dunlop, the chief executive of the company, said in a statement.
Gene by Gene, which is based in Houston, could not immediately be reached for comment. Its test costs only about $1,000.