By
Kevin E. Noonan --
Turnabout
being fair play, Myriad Genetics today filed suit against Quest Diagnostics,
Inc. and Quest Diagnostics Nichols Institute for patent infringement in an
action brought in the Federal District Court for the District of Utah, Central
Division (complaint). The alleged infringing
activities include Quest's BRCAvantage™ Comprehensive, BRCAvantage™ Ashkenazi
Jewish Screen, BRCAvantage™ Single Site, and BRCAvantage™ Rearrangements
products, and the claims asserted are U.S. Patent No. 5,709,999,
Claims 5, 6,
7, 10, 24, 25, 33, and/or 34; U.S. Patent No. 5,747,282,
Claims 6, 16,
and/or 17; U.S. Patent No. 5,753,441, Claims 7, 8, 9, 12, 22, 23, 24, and/or 26;
U.S. Patent No. 5,837,492,
Claims 29
and/or 30; U.S. Patent No. 6,033,857, Claim 4; U.S. Patent No. 6,051,379, Claims 1, 2, 4, 5, 7, 8, 10, 11, 13, 14, 16,
17, 19, 20, 32, 33, 40, and/or 42; U.S. Patent No. 6,951,721, Claim 5; and U.S. Patent No. 7,250,497, Claims 3, 4, 5, 6, 7, 8, 11, 14, 17, and/or
19.
Myriad bases its factual allegations
on the facts Quest asserted in its declaratory judgment action filed in the
District Court for the Central District of California (see "Diagnostics Giant Quest Files Declaratory Judgment Action against Myriad Genetics"), and ask for a
jury trial on infringement, request a preliminary and permanent injunction,
treble damages, attorneys' fees and costs of suit, enhanced damages and
destruction of all Quest's products that infringe any of the asserted claims.
Comments