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The university and Myriad, which were sued in May over seven patents related to two human genes linked to breast and ovarian cancer, said the parties that filed the lawsuit cannot prove they were harmed by the patents granted to the university and licensed to Myriad about 15 years ago.
"This case is a thinly veiled attempt to challenge the validity of patents where, other than an overall policy disagreement concerning the legitimacy of gene patents, the plaintiffs have no actual dispute with the defendants over patent infringement," the university and Myriad said in their motion to dismiss. "If the plaintiffs in this case have standing, then virtually anyone can challenge any patent at any time."
The lawsuit poses legal and public policy questions about the patenting of a natural part of the human body and about women's access to...