[January 26, 2015]

Ambry Genetics Announces Settlement in BRCA1/2 Gene Patent Infringement Case

Ambry Genetics ("Ambry") announces a settlement agreement that ends the BRCA1 and BRCA2 gene patent infringement litigation against Ambry that began on July 9, 2013. The case is University of Utah Research Foundation, et al., v. Ambry Genetics Corporation, United States District for the District of Utah, Case No. 2:13-cv-00640-RJS.

Under this agreement the plaintiffs, including Myriad Genetics, the University of Utah Research Foundation, the Trustees of the University of Pennsylvania, HSC Research and Development LP, and Endorecherche, Inc. and Ambry agree to dismiss with prejudice their respective claims and counterclaims against one another in the BRCA1 and BRCA2 gene patent infringement litigation. Additionally, the Patent Owners grant a covenant to not sue Ambry under the patents asserted in the litigation proceedings. The decision to settle occurs after the United Sates Court of Appeals for the Federal Circuit held on December 17, 2014 that claims from three of the patents covering DNA-based BRCA1 and BRCA2 tests Myriad was asserting against Ambry did not contain subject matter eligible for patent protection.

Ambry Genetics was represented by McDermott Will & Emery before the Federal Circuit Court of Appeals and in the Utah district court litigation by McDermott Will & Emery and TraskBritt.

ABOUT AMBRY GENETICS®

Ambry Genetics is a College of American Pathologists (CAP)-accredited and Clinical Laboratory Improvement Amendments (CLIA)-certified commercial genetic diagnostics laboratory headquartered in Aliso Viejo, CA (News - Alert). Ambry Genetics is a leader in clinical genetic diagnostics and offers the most comprehensive testing menu in the industry. Hereditary cancer menu highlights include multi-gene panels for breast cancer, ovarian cancer, colorectal cancer, renal cancer, pancreatic cancer, paraganglioma, pheochromocytoma, and more. Ambry Genetics was the first to offer clinical exome sequencing commercially, and has an extensive menu including hereditary cardiology and numerous general genetic testing options. Ambry has established a reputation for sharing data, unparalleled service, and responsibly applying new technologies to the clinical molecular diagnostics market. To learn more about services available through Ambry Genetics, visit www.ambrygen.com.

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