The molecular diagnostics company that had won patents of two human genes that were invalidated by a landmark Supreme Court ruling has decided to abandon separate patent litigation surrounding how scientists study those genes.

The Supreme Court in 2013 struck down Myriad Genetics' patents of the human genes BRCA1 and BRCA2. Mutations of those genes have been linked to a higher risk of breast and ovarian cancer. The patents had given Myriad a monopoly over medical testing of those genes in a bid to detect early signs of cancer, often charging women $3,000 per test or more.

The court's decision opened the door to other companies offering cheaper tests. Myriad sued them, however, claiming that they were infringing on other Myriad patents that the Supreme Court did not invalidate.

But after some unfavorable court rulings, Utah-based Myriad has agreed to withdraw from the litigation. Settlements have included companies like Invitae, LabCorp and Pathway Genomics. More are to follow.

"We decided it was in the best interest of the company to settle these matters, Ronald Rogers, a Myriad spokesman, said.

The legal tussle began in 2009, when the American Civil Liberties Union sued Myriad on behalf of patients, researchers, and others. The civil rights group said that Myriad's patents, awarded more than a decade ago, were so broad that they prevented anybody from testing the genes without Myriad's permission.

The Supreme Court agreed.

"Indeed, Myriads patent descriptions highlight the problem with its claims. For example, a section of the 282patents Detailed Description of the Invention indicates that Myriad found the location of a gene associated withincreased risk of breast cancer and identified mutations of that gene that increase the risk, Justice Clarence Thomas wrote(PDF). He said isolated DNA is a product of nature and not patent eligible.

Sandra Park, a senior staff attorney with the ACLU's Women's Rights Project, said, "it's time for the US Patent Office to strictly enforce the prohibition on patenting products of nature moving forward."

Original post:

Patent litigation over human gene breast cancer testing is ending