SAN FRANCISCO, December 2, 2013 – Invitae Corporation, a genetic diagnostics company, today announced that it filed an action in the U.S. District Court for the Northern District of California against Myriad Genetics, Inc. (NASDAQ: MYGN). By its suit, Invitae seeks a declaration that certain Myriad patents relating to the BRCA1, BRCA2 and MUTYH genes are invalid and are not infringed by Invitae.
Invitae’s announcement today reinforces its commitment to defend its right to provide naturally occurring genetic information and services to physicians for their cancer patients (see Invitae Responds to Myriad Genetics Lawsuit). Earlier this year, the Supreme Court ruled that naturally occurring DNA and the information it encodes cannot be patented (Assn’n for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 ) and thus ushered in a new era of personalized medicine. Moreover, the Supreme Court’s June decision followed its prior ruling establishing that naturally occurring biological correlations were not patentable subject matter (Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 ).
“We believe the Supreme Court rulings validate Invitae’s view that no company can claim ownership over naturally occurring genetic information,” said Randy Scott, co-founder of Invitae. “Our suit is based on the teachings of these cases. The legal process will take its course, and we are steadfast in our resolve.”
Specializing in genetic diagnostics for hereditary disorders, Invitae’s mission is to make multi-use genetic testing more accessible and affordable than ever before.
The company is pursuing a strategy over the next several years to aggregate all the world's medical genetic tests (>3,000 known Mendelian conditions) into a single assay at a lower cost than most single gene tests today.
This capability is increasingly enabled by the rapid advancements in DNA sequencing technology. Invitae hopes to lead the way from an era of genetic scarcity to genetic abundance to significantly improve healthcare worldwide.
For further information, please visit www.invitae.com.