GeneDx, Inc. and its Parent BioReference Labs Announce Settlement of Their Cancer Gene Testing Patent Dispute with Myriad Genetics

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Feb 17, 2015, 09:10 ET

WASHINGTON, Feb. 17, 2015 /PRNewswire/ -- Sterne, Kessler, Goldstein & Fox P.L.L.C., an intellectual property law firm in Washington, DC, announced today that its client GeneDx, Inc., a genetic testing service provider and subsidiary of BioReference Laboratories, Inc. (Nasdaq: BRLI), has settled its patent dispute with Myriad Genetics, Inc. (Nasdaq: MYGN).

The settlement resolves allegations of infringement on 16 patents involved in the diagnosis of hereditary cancer – 11 for genes related to breast cancer (BRCA1 and BRCA2) and five related to genes for colon cancer (MUTYH). The settlement clears litigation in the U.S. District Court for the District of Utah initiated by Myriad against GeneDx in October 2013, and follows previous settlements with seven other defendants.

As part of the settlement the parties will move to terminate 13 inter partes review proceedings Sterne Kessler filed for GeneDx with the U.S. Patent and Trademark Office challenging the patentability of 13 patents owned, co-owned or licensed by Myriad.

Under the settlement Myriad has given GeneDx a covenant not to sue over the patents asserted in the litigation. GeneDx will thus continue offering its services for breast cancer diagnostics which, individually or part of more comprehensive panels, all include testing for mutations in the BRCA1 and BRCA2 genes.

Sterne, Kessler, Goldstein & Fox P.L.L.C. is one of the largest U.S. law firms focused solely on the protection, transfer and enforcement of Intellectual Property Rights. Founded in 1978 and based in Washington, DC, the firm has more than 170 patent attorneys, agents and technical specialists representing a broad range of clients, including emerging and established companies, venture capital firms, universities and select individuals.

SOURCE Sterne, Kessler, Goldstein & Fox