Excerpts from "The Empire Strikes Back (Gene By Gene):" or shorthand: "Empire IIB" complaint:
US District Court Electronic Case Filing System
District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:13-cv-00643-RJS
University of Utah Research Foundation et al v. Gene by Gene
Assigned to: Judge Robert J. Shelby
Cause: 35:0271 Patent Infringement |
Date Filed: 07/10/2013
Jury Demand: Plaintiff
Nature of Suit: 830 Patent
Jurisdiction: Federal Question
|
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF UTAH, CENTRAL DIVISION
UNIVERSITY OF UTAH RESEARCH
FOUNDATION, a Utah nonprofit corporation; the
TRUSTEES OF THE UNIVERSITY OF
PENNSYLVANIA, a Pennsylvania nonprofit
corporation; HSC RESEARCH AND
DEVELOPMENT LIMITED PARTNERSHIP, a
Canadian limited partnership organized under the laws
of the Province of Ontario; ENDORECHERCHE,
INC., a Canadian corporation organized under the laws
of the Province of Quebec; and MYRIAD
GENETICS, INC., a Delaware corporation;
Plaintiffs,
vs.
GENE BY GENE LTD,
Defendant.
COMPLAINT
DEMAND FOR JURY TRIAL
Case No. 2:13-cv-00643-EJF
Magistrate Judge Evelyn J. Furse
Case 2:13-cv-00643-RJS Document 2 Filed 07/10/13 Page 1 of 16
2
4822-5161-8324.1
COMPLAINT FOR PATENT INFRINGEMENT
1. Plaintiffs, University of Utah Research Foundation (“University of Utah”), The
Trustees of the University of Pennsylvania (“University of Pennsylvania”), HSC Research and
Development Limited Partnership (“Hospital for Sick Children”), Endorecherche, Inc.
(“Endorecherche”), and Myriad Genetics, Inc. (“Myriad”), complain against Defendant Gene By
Gene, Ltd. (“Defendant”) as follows:
JURISDICTION AND VENUE
2. This civil action for patent infringement arises under the patent laws of the United
States, specifically under Title 35 of the United States Code, Sections 271, et seq. Subject matter
jurisdiction in this Court is founded upon 28 U.S.C. §§ 1331 and 1338(a).
3. This Court has personal jurisdiction over the Defendant because it regularly conducts
business in this district and has committed acts in this judicial district which give rise to this
action. On information and belief, Defendant sells, offers for sale, and has sold genetic testing
products to residents of this jurisdiction. On information and belief, Defendant has attended,
advertised, and or presented at conferences and/or meetings held in this jurisdiction in which it
sells, offers for sale, has sold, and advertises its genetic testing products. On information
and belief,Defendant has attended,
advertised, and or presented at conferences and/or meetings held in this jurisdiction in which it
sells, offers for sale, has sold, and advertises its genetic testing products. On information and
belief, Defendant has business relationships and/or has collaborated with multiple business
and/or research entities in this district to which it sells, offers for sale, has sold, and/or advertises
its genetic testing products.
...
GENERAL ALLEGATIONS
11. Myriad is a molecular diagnostic company that develops and uses proprietary
technologies that permit doctors and patients to understand the genetic basis of human disease
and the role that genes play in the onset, progression and treatment of disease. Myriad’s
technologies result in, and guide the development of, new molecular diagnostic products that
assess an individual's risk for developing disease, identify a patient’s likely response to drug
therapy, and assess a patient’s risk of disease progression and recurrence.
12. For healthcare providers, Myriad offers an array of genetic tests, prognostic tests and
personalized medicine tests to help healthcare providers assess a patient’s increased cancer risk,
disease aggressiveness and optimize efficacy of chemotherapy. Myriad’s testing products
provide healthcare providers with information to help make medical management decisions to
reduce cancer risk and help make sure specific treatments are tailored for each individual patient.
13. For patients, Myriad offers tests that provide important clinical information to assist
patients and their healthcare providers in assessing cancer risk so the patient can take
preventative action to reduce the risk of disease and in making treatment decisions if the patient
is diagnosed with cancer. Myriad improves patient care through the development of new
products across multiple medical specialties.
14. In the early-to-mid 1990s, Plaintiffs discovered the genetic sequences of the BRCA1
and BRCA2 genes and mutations that increase a woman’s risk of developing breast and ovarian
cancer. Since that time, Myriad has invested over $500 million to implement this discovery and
create a molecular diagnostic test for hereditary breast and ovarian cancer related to the BRCA1
and BRCA2 genes. Plaintiffs’ efforts have revolutionized patient care and provided medical
diagnosis and treatment options never thought possible.
15. Defendant offers laboratory services, including clinical diagnostic and genomic
services, including testing and analysis of BRCA1 and BRCA2 genes.
16. Defendant, through its DNA Traits division, began offering its BRCA1 and BRCA2
analysis as part of its testing menu on June 13, 2013. Defendant offers stand-alone tests
comprising full gene sequencing and analyses for the BRCA 1 and BRCA 2 genes.
...
