MYRIAD AFTER MYRIAD: THE PROPRIETARY DATA DILEMMA

Area of Science:

• Genetics
• Biotechnology
• Medical Law

Background:

• Myriad Genetics previously held a monopoly on BRCA gene testing.
• Supreme Court rulings and patent expirations are reducing Myriad's patent-based market control.

Purpose of the Study:

• To review Myriad Genetics' current patent portfolio.
• To describe Myriad's litigation strategies against competitors.
• To analyze Myriad's proprietary database strategy and its implications for medical research and health policy.

Main Methods:

• Patent portfolio analysis.
• Review of ongoing litigation.
• Analysis of proprietary database strategy and its potential impact.

Main Results:

• Myriad Genetics faces reduced patent protection but is pursuing litigation.
• Myriad is increasingly relying on its extensive, proprietary genetic mutation database.
• This database provides a unique interpretive advantage, especially for variants of unknown significance.

Conclusions:

• Myriad's database strategy is legally viable but potentially detrimental to medical research and health policy.
• The medical and research communities face challenges in countering this strategy.
• Potential strategies for the research and healthcare communities to address this issue are identified.