Counsyl Anticipates Myriad Action, Sues For Noninfringement of BRCA Testing Claims

Anticipating that Myriad Genetics will sue Counsyl Inc. as it has others for infringement of its breast cancer testing patents, Counsyl asked a federal district court Sept. 20 for declaratory judgments of noninfringement and invalidity (Counsyl, Inc. v. Myriad Genetics, Inc.).

In its complaint, Counsyl noted that the Supreme Court June 13 found Myriad’s patent claims for isolated DNA invalid as “products of nature”. Myriad subsequently sued Ambry Genetics Corp. and Gene by Gene Ltd., who began promoting their BRCA testing after the court’s ruling, for infringement of related but different patent claims.

Counsyl said that Myriad is ...