Myriad Stands Alone

Nature Biotechnology, Vol. 32, p. 620, 2014

NYLS Legal Studies Research Paper No. 13/14 #83

1 Pages Posted: 26 Aug 2014

See all articles by Jacob S. Sherkow

Jacob S. Sherkow

New York Law School; Columbia University - Department of Health Policy and Management; Center for Advanced Studies in Biomedical Innovation Law

Christopher Thomas Scott

Baylor University - Center for Medical Ethics and Health Policy

Date Written: July 1, 2014

Abstract

Myriad took no prisoners on its way to the top of the molecular diagnostics field. That strategy is unlikely to endure.

Myriad Genetics began in 1991 as a small University of Utah startup interested in the then-novel arena of diagnostic genetic testing. After winning a highly publicized race to sequence the BRCA1 and BRCA2 breast cancer genes, the company obtained patents on the gene sequences and methods of using them to determine cancer risk. The patents were broad and interlocking, covering BRCA genomic DNA, cDNA, methods of diagnosis and systems detecting mutations. Myriad also filed for diagnostic 'toolbox' patents, including two claiming any DNA primer or probe sharing 15 nucleotides with the wild-type BRCA1 or BRCA2 it first sequenced. These patents became the heart of the company.

Keywords: myriad, gene, genetics, patent, intellectual property, biotechnology, supreme court

JEL Classification: K00, K23, K41, O3, O34, D23, K11

Suggested Citation

Sherkow, Jacob S. and Scott, Christopher Thomas, Myriad Stands Alone (July 1, 2014). Nature Biotechnology, Vol. 32, p. 620, 2014; NYLS Legal Studies Research Paper No. 13/14 #83. Available at SSRN: https://ssrn.com/abstract=2486964

Jacob S. Sherkow (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212.431.2355 (Phone)

HOME PAGE: http://www.nyls.edu/faculty/faculty-profiles/faculty_profiles/jacob-s-sherkow/

Columbia University - Department of Health Policy and Management ( email )

600 West 168th Street, 6th Floor
New York, NY 10032
United States

Center for Advanced Studies in Biomedical Innovation Law ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/cebil/staff/

Christopher Thomas Scott

Baylor University - Center for Medical Ethics and Health Policy

1 Baylor Plaza, Suite 310D
Houston, TX 77030
United States

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