Invitae, Myriad Settle BRCA 1 and 2 Genetic Testing Lawsuit

San Francisco-based genetic information firm Invitae said Monday that it has reached a settlement with Myriad Genetics and four other entities in a patent dispute over Invitae’s genetic tests for the BRCA1, BRCA2 and MUTYH genes.

The groups agreed to dismiss the claims and counterclaims against each other with prejudice, meaning that no further lawsuits concerning the dispute can be brought by the plaintiffs. Invitae has also agreed not to sue. All parties will bear their own costs, and the settlement resolves all pending litigation, Invitae said.

Invitae produces a single diagnostic that tests over 200 genes — including BRCA1/2 — for a variety of genetic disorders such as breast and ovarian cancer. The test launched in 2013 and Myriad promptly sued, alleging infringement of its patents on BRCA1 and BRCA2 gene testing. Invitae then countersued.

The other parties to the case were the University of Utah Research Foundation, the Trustees of the University of Pennsylvania, HSC Research and Development Limited Partnership and Endorecherche. — Kellen Owings