Myriad Appeals Adverse Preliminary Injunction Decision

MyriadOn March 13, Myriad Genetics filed a Notice of (interlocutory) Appeal with the Federal Circuit.  Myriad is seeking to have the Court review and reverse the District Court’s denial of the company’s preliminary jnjunction motion against Ambry Genetics in its on-going (and now consolidated) lawsuit on several claims from Myriad’s BRCA gene testing patents.  It is unlikely that the District Court will stay discovery and other pretrial aspects of the pending lawsuits, and Ambry can continue to provide genetic diagnostic tests including the BRCA1 and BRCA2 mutation tests while the appeal is pending (as can the other defendants: Quest Labs, Labcorp, Counsyl, GeneDx and Invitae).

Federal Circuit Seal
It is possible that this is Myriad’s last gasp in these litigations; in view of the rationale the District Court used to find that Ambry had provided sufficient evidence to raise a serious question of whether Myriad’s asserted claims recite patent eligible subject matter, affirmance by the Federal Circuit should be expected to be followed rapidly by summary judgment motions using the District Court’s own reasoning to find Myriad’s claims invalid.

For additional information regarding this topic, please see:

• “Panel on Multidistrict Litigation Consolidates Myriad Cases in Utah District Court,” March 19, 2014
• “Utah Judge Denies Myriad’s Preliminary Injunction Motion,” March 11, 2014
• “Gene-by-Gene Cries Uncle, Settles with Myriad Genetics,” February 7, 2014
• ” Invitae Files Motion to Dismiss for Lack of Personal Jurisdiction in Myriad Genetics v. Invitae Corp.,” December 11, 2013
• ” Myriad Genetics Sues LabCorp over BRCA Gene Testing,” December 4, 2013
• ” Myriad Genetics Sues Invitae over BRCA Gene Testing and Invitae Sues Right Back,” November 27, 2013
• “Where Do We Stand?” October 31, 2013
• “Defendants’ Oppose Myriad’s Motions to Dismiss Antitrust Counterclaims,” October 28, 2013
• “Myriad Genetics Files Amended Complaint Relating to Colon Cancer Genetic Diagnostic Testing,” October 23, 2013
• “Myriad Genetics Sues Quest for Patent Infringement,” October 22, 2013
• “Myriad Sues GeneDx on BRCA and Other Genetic Diagnostic Patents,” October 21, 2013
• “Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics,” October 13, 2013
• “Bay Area Genetic Diagnostics Company Files Declaratory Judgment Action against Myriad Genetics,” October 10, 2013
• “Preliminary Injunction in Myriad v. Ambry and Gene-by Gene: Myriad Replies,” October 9, 2013
• “Defendants’ Response to Myriad’s Preliminary Injunction Motions,” September 19, 2013
• “Myriad Moves to Dismiss Ambry’s Antitrust Counterclaims on Noerr-Pennington Doctrine,” August 28, 2013
• “Amici Submit Brief in Support of Ambry Genetics and Gene by Gene,” August 27, 2013
• “Ambry Responds to Myriad Lawsuit,” August 7, 2013
• “Why Does Myriad Think It Can Win BRCA Gene Lawsuits?” July 30, 2013
• “Myriad Genetics Files Infringement Suit Against Gene by Gene for Genetic Diagnostic Testing of BRCA Genes,” July 10, 2013
• “Myriad Genetics Files Suit Against Ambry Genetics for Genetic Diagnostic Testing of BRCA Genes,” July 9, 2013