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Diagnostic Companies Rush To Test Formerly Off-Limit Genes

Although Myriad says the Supreme Court’s recent ruling that isolated genes can’t be patented does not leave its BRCA1 and BRCA2 assays unprotected, other diagnostic companies are now incorporating the genes into their tests for the likelihood of inheriting cancer at a fraction of the previous cost.

In the wake of the Supreme Court’s ruling that unmodified genes are not patentable, several companies say they will or already have begun selling diagnostic tests that will compete directly against Myriad Genetics Inc.’s BRACAnalysis test for predisposition to hereditary breast and ovarian cancer.

The court unanimously overturned Myriad’s patents on the BRCA1 and BRCA2 genes that underlie the test as part of its decision earlier this month in Association of Molecular Pathology v. Myriad

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