The long battle over BRCA1 and BRCA2 patent infringement finally comes to an end.

Ambry Genetics (“Ambry”) announces a settlement agreement that ends the BRCA1 and BRCA2 gene patent infringement litigation against Ambry that began on July 9, 2013. The case is University of Utah Research Foundation, et al., v. Ambry Genetics Corporation, United States District for the District of Utah, Case No. 2:13-cv-00640-RJS.

Under this agreement the plaintiffs, including Myriad Genetics, the University of Utah Research Foundation, the Trustees of the University of Pennsylvania, HSC Research and Development LP, and Endorecherche, Inc. and Ambry agree to dismiss with prejudice their respective claims and counterclaims against one another in the BRCA1 and BRCA2 genepatent infringement litigation. Additionally, the Patent Owners grant a covenant to not sue Ambry under the patents asserted in the litigation proceedings. The decision to settle occurs after the United States Court of Appeals for the Federal Circuit held on December 17, 2014 that claims from three of the patents covering DNA-based BRCA1 and BRCA2 tests Myriad was asserting against Ambry did not contain subject matter eligible for patent protection.

Ambry Genetics was represented by McDermott Will & Emery before the Federal Circuit Court of Appeals and in the Utah district court litigation by McDermott Will & Emery and TraskBritt.


For more on the 2014 ruling, read Ambry’s official release on the matter here

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