- The U.S. Court of Appeals for the Federal Circuit finds that three of the patents covering DNA-based BRC1 and BRCA2 tests asserted by Myriad Genetics (NASDAQ:MYGN) against privately-held reference laboratory Ambry Genetics do not contain subject matter eligible for patent protection. In an opinion posted today on its docket, the court says, "Myriad did not create or alter any of the genetic information encoded in the BRCA1 or BRCA2 genes. The location and order of the nucleotides existed in nature before Myriad found them."
- Myriad sued Ambry in 2013 soon after Ambry began offering the tests subsequent to the decision by the U.S. Supreme Court stating that genomic sequences cannot be patented.
- MYGN is unchanged in after hours trading.