Ambry Genetics Launches Antitrust Lawsuit Against Myriad

According to Ambry Genetics, arch-rival Myriad Genetics is monopolizing the world of BRCA testing. The allegation is the latest play in an ongoing patent dispute that has significant ramifications for the entire diagnostics market.

In the lawsuit, Myriad is accused of violating the Sherman Antitrust Act. Myriad recently lost a battle in the United States Supreme Court over gene patentability. Myriad, a major producer of BRCA-based breast cancer diagnostics, had patented BRCA1 and BRCA2 genes, preventing other companies from testing for this mutation. Following the SCOTUS decision, a number of lower-cost alternatives from competitors hit the market.

Both Gene By Gene and Ambry Genetics offer their own diagnostics that test for BRCA mutations. However, Myriad Genetics filed lawsuits against both companies. In the lawsuits, Myriad alleges that both companies violated testing process patents (instead of individual genes).

From Ambry's perspective, this constitutes illegal anticompetitive conduct. Legal representation for Ambry argues that Myriad's claims are invalid. In addition, Myriad is accused of misrepresenting the quality of Ambry's diagnostics as part of its attempt to sell its higher-priced products.

"Being sued for patent infringement a month after the Supreme Court ruled 9-0 unanimously against Myriad is just wrong," stated Charles Dunlop, CEO of Ambry. "Tactics like this have no place in the medical field, especially cancer, as it will take a collaborative, industry-wide effort to further understand the disease and find cures."