The Impact of Gene Patent Decision and the Changing IP Strategies of Myriad Genetics

Myriad Genetics is one of the leading biotechnology firms with a specialization in genetic testing, cancer research and precision medicine. Myriad has filed its first patent application in 1995 and now developed a patent portfolio of more than a thousand patent applications. It is almost 10 years since the US Supreme Court provided its decision on gene patenting and considering the same the present study examined how this decision has impacted biotechnology companies and specifically Myriad Genetics in declining patent filings and their other IP strategy to protect their intangible assists in a strategic manner. This article provided analysis on certain anticompetitive practices of Myriad that fueled and built the path towards Myriad’s case on gene patent litigation. In addition, this article also provides commentary on Myriad’s abuse of dominant position in light of Article 82, 86 of European Competition, Section 46 of Australia and Section 2 of Sherman Act and further provides discussion on the gene litigation under Article 10bis of Paris Convention for unfair competition, Article 31 and 40 of TRIPS for anticompetitive practices. Further, an empirical analysis of Myriad’s patent portfolio specifically focused on Myriad’s patent applications with subject matter related to genes and nucleic acids provided insights on how the leading genetic testing firm has transformed its IP strategy from patents to trade secrets