Ambry Genetics, the worldwide leader in hereditary cancer testing,
announced today that it has filed an antitrust counterclaim against
Myriad Genetics in response to the patent infringement lawsuit Myriad
and other plaintiffs filed against Ambry on July 9, 2013, University
of Utah Research Foundation, et al, v. Ambry Genetics Corporation,
United States District for the District of Utah, Case No.
Ambry's antitrust counterclaim alleges that:
Myriad's lawsuit is in violation of the Sherman Antitrust Act because
the asserted claims against Ambry are invalid under two Supreme Court
decisions and Federal Circuit authority. In bringing this patent
infringement lawsuit, Myriad continues a practice of using
overreaching practices to wrongfully monopolize the diagnostic testing
of humans' BRCA1 and BRCA2 genes in the United States and to attempt
to injure any competitor who challenges Myriad's monopoly, including
Ambry. This includes conduct by Myriad of falsely representing to
genetic counselors and payors as to the accuracy of Ambry's BRCA1 and
BRCA2 diagnostic products.
Due to Myriad's anticompetitive conduct, customers must pay
significantly higher prices for Myriad's products in the relevant
market, often nearly twice as high as the price of Ambry's products
and those of other competitors.
Myriad's illegal enforcement of the asserted patents has ensured that
customers have virtually nowhere to turn but Myriad and its
Ambry Genetics was the first commercial laboratory to launch hereditary
cancer panels using next generation sequencing in 2012 with their
comprehensive BreastNext, OvaNext, ColoNext and CancerNext products.
With hundreds of clinics and institutions utilizing these panels, Ambry
has established itself as the scientific leaders in inherited cancer
panel testing. Following the Supreme Court's landmark June 13, 2013
decision in AMP et al v. Myriad Genetics, et al., Ambry included
BRCA1 and BRCA2 diagnostic testing to its suite of panels.
"Being sued for patent infringement a month after the Supreme Court
ruled 9-0 unanimously against Myriad is just wrong," said Chief
Executive Officer, Charles Dunlop. "As alleged in our counterclaim,
Myriad Genetics is also wrongfully depicting Ambry's variants of unknown
significance (VUS) statistic to be as high as 30% when it actually is
approximately 5% for BRCA1/2 diagnostic testing. Tactics like this have
no place in the medical field, especially cancer, as it will take a
collaborative, industry wide effort to further understand the disease
and find cures."
About Ambry Genetics®
Ambry Genetics is a College of American Pathologists (CAP)-accredited
and Clinical Laboratory Improvement Amendments (CLIA)-certified
commercial clinical laboratory with headquarters in Orange County,
California. Since its founding in 1999, it has become a leader in
providing genetic services focused on clinical diagnostics and genomic
services, particularly in sequencing and array services. Ambry has
established a reputation for unparalleled service and for over a decade
has been at the forefront of applying new technologies to the clinical
molecular diagnostics market and to the advancement of disease research.
To learn more about testing and services available through Ambry
Genetics, visit www.ambrygen.com.
SVP of Business Development