Under the agreement, Myriad Genetics, Inc., the University of Utah Research Foundation, HSC Research and Development Limited Partnership, Endorecherche, Inc., and the Trustees of the University of Pennsylvania (the “Patent Owners”) and Pathway dismiss their respective claims and counterclaims against one another in the BRCA patent litigation. Additionally, the Patent Owners granted a covenant to not sue Pathway under the patents asserted in the litigation proceedings.As one of the lead plaintiffs in the Supreme Court litigation, the ACLU reacted to the decision to end litigation:
Patients who need access to life-changing genetic testing should not be caught in the legal battle that Myriad Genetics has unfairly waged against competing laboratories, nor should scientists face the threat and cost of patent litigation. Myriad’s decision reinforces the basic principle that patents should never permit one company to lock up a product of nature, such as our own genetic information.The breast cancer testing field has only diversified in the nearly two decades since BRCA1 and BRCA2 were discovered and then patented; as thousands of mutations in these genes have been identified, the identification of clinical risk has become more complex. Scientists have identified other genes that may contribute to breast cancer susceptibility and testing for mutations in those genes could be equally important to determining clinical risk. Even Myriad recognizes a more complex genetic picture for patients; it now offers a 25-gene panel test that discerns cancer susceptibility to breast cancer and other cancers in one round of testing.