Myriad Genetics has brought a new infringement lawsuit against a company offering a next-generation sequencing test that analyzes the BRCA1 and BRCA2 genes associated with various cancers, including breast and ovarian. Univ. of Utah Research Found. v. Pathway Genomics, No. 14-0442 (U.S. Dist. Ct., D. Utah, Cent. Div., filed June 13, 2014). Claiming willful infringement, Myriad seeks injunctive relief, damages and a finding that the case is “exceptional” to support enhanced damages and attorney’s fee awards. According to a news source, Pathway is one of a number of laboratories Myriad has sued since the U.S. Supreme Court found that certain of its claims were patent eligible. Among the others are Ambry Genetics, Laboratory Corp. of America, Quest Diagnostics, Gene by Gene, and GeneDX. In a statement, Pathway reportedly indicated that it would “vigorously defend” Myriad’s claims. See genomeweb.com, June 16, 2014.
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