Ambry Genetics Sues Myriad Genetics for Violating Federal Antitrust Laws 

August 06, 2013

FOR IMMEDIATE RELEASE

Ambry Genetics
1 Enterprise
Aliso Viejo, CA 92656

ALISO VIEJO, Calif.--(BUSINESS WIRE)--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. 2:13-cv-00640-RJS. 

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 payers 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 monopoly-priced products. 

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'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 payers 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 monopoly-priced products. 

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®