Ambry Claims Myriad Violating Antitrust Laws

Ambry Genetics has struck back against Myriad Genetics, claiming the Utah-based lab’s efforts to keep a grip on the process to test for the genetic risk of breast cancer represents a violation of U.S. antitrust law. The California-based Ambry filed a counterclaim on Aug. 5 in U.S. District Court in Utah. The case stems from a June U.S. Supreme Court ruling that Myriad did not hold a patent on nonmodified genes. Within days of the ruling, Ambry and several other labs said they would market BRCA tests. Myriad sued Ambry last month, claiming patent infringement. At the same time, it widened its financial assistance program for patients. “Myriad continues . . . using sharp and overreaching practices to wrongfully monopolize the diagnostic testing of human BRCA1 and BRCA2 genes in the United States and to attempt to injure any competitor who dares to challenge Myriad’s monopoly, including Ambry,” read a portion of the counterclaim. “Being sued for patent infringement a month after the Supreme Court ruled 9-0 unanimously against Myriad is just wrong,” said Ambry Chief Executive Officer Charles Dunlop. Takeaway: Despite a unanimous U.S. Supreme Court decision, litigation over BRCA testing is likely to continue for years.