Myriad Says It's Immune From Ambry's Antitrust Claims

Law360, New York (August 27, 2013, 4:35 PM EDT) -- Myriad Genetics Inc. told a federal court Monday that Ambry Genetics Corp.'s claim that Myriad is using a patent suit against it to monopolize the market for breast cancer gene tests must be dismissed because it is barred by the First Amendment.

In its motion to dismiss the Sherman Act counterclaims, Myriad said that it is entitled to immunity under the Noerr-Pennington doctrine, which holds that petitioning the government cannot run afoul of antitrust law. Myriad said its suit against Ambry is a constitutionally protected government...
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