Sterne Kessler announced today that its client GeneDx, Inc., a genetic testing service provider and subsidiary of BioReference Laboratories, Inc., has settled its patent dispute with Myriad Genetics, Inc. 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.
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