APPENDIX I – Timeline of Major Events and Broad Coverage Themes

Main News Topics
Date / Events / Australia / Canada / UK / US
1988 / International Breast Cancer Linkage Consortium
1990 / Mary-Claire King localized BRCA1
1991 / Myriad Genetics Inc. founded - spin-off from Center for Cancer Genetics Epidemiology, University of Utah
1994 /
  • Myriad, University of Utah and NIH researchers sequence BRCA1
  • Skolnick and Myriad file for US patent
  • BRCA2 localized by UK consortium
  • UK patent filed BRCA2
  • Myriad announces earlier discovery and US patent filing BRCA2
/ Myriad isolates BRCA1 /
  • BRCA1 Gene discovered and patent filed
  • BRCA2 located on C13—Science paper Institute of Cancer Research
/
  • NIH researchers left off BRCA1 patent—dispute Myriad & Govt.
  • Myriad discovers BRCA1 (“end of race”, “bagging the breast cancer gene is a triumph”, “important step in fight”)
  • BRCA2 located on C13—Science paper Institute of Cancer Research

1995 / Conference: talks on the race to discovery and patenting. / Genetic test developed—JAMA publication /
  • BRCA2 identified in UK and Duke University—Nature paper
  • Myriad announces it “recovered” whole BRCA2 gene
  • Myriad launches “counterattack” on race for BRCA2
  • Myriad files US patent BRCA2
  • NIH research deal over BRCA1 with Myriad and NIH researchers listed as co-inventors on patent

1996 /
  • Myriad markets genetic tests in US
  • European Parliament votes to allow gene patents—Article 3 European Biotechnology Directive (I think)
  • Myriad files European patent application
/ Myriad announces testing / UK Discovery of BRCA2 /
  • Jeremy Rifkin launches “genetic rights movement” in Washington and takes aim at Myriad.
  • Coalition of women's and health groups formed to oppose Myriad’s patents.
  • Breast cancer activist lobbies Members of the European Parliament on vote on gene patenting
/
  • Jeremy Rifkin launches “genetic rights movement” in Washington and takes aim at Myriad.
  • Coalition of women's and health groups formed to oppose Myriad’s patents.
  • Myriad launches testing—NB—COVERAGE STATES “the first that promises to detect every known mutation of two genes, called BRCA1 and BRCA2, that can cause inherited breast or ovarian cancer”
  • Myriad test raises discrimination fears

1997 /
  • USPTO awards BRCA1 patents to Myriad and OncorMed and launch patent infringement actions
  • UK researchers file defensive patent application on BRCA2
  • Myriad markets test in UK
/ Myriad discovers P-Ten gene linked to breast cancer /
  • UK researchers file defensive patent application on BRCA2
  • Myriad markets test in UK
  • Competition and race to sequence BRCA1/2
  • OncorMed license and deal with NIH
/
  • OncorMed suit
  • JAMA paper on model for testing genetic mutations by Myriad researchers (In Utah, framed as defence of criticism of Myriad’s business testing model)
  • OncorMedpatents
  • Increased rates for cancer genetic testing
  • Women weigh pros and cons of testing
  • NEJM study on prophylactic mastectomy—Mayo Clinic
  • Myriad hunt for other genes inc. prostate cancer, mental illness, childhood brain cancer
  • Recommendations on WHO should be tested

1998 /
  • Myriad and OncorMed settle patent infringement actions and Myriad purchases OncorMed patent.
  • Australia grants Myriad’s BRCA1 patent.
/
  • Myriad provides testing services over Internet
  • British experts accuse Myriad of exaggerating hereditary breast cancer rates
  • OncorMed suit & settlement
/
  • Myriad provides testing services over Internet
  • Myriad signs deal with Aetna US Healthcare
  • OncorMed suit & settlement
  • Myriad links BRCA genes to ovarian cancer
  • Myriad awarded BRCA patent
  • Tamoxifen may prevent hereditary breast cancer providing treatment for women testing positive—boon to Myriad

1999 /
  • Myriad introduces Rapid BRACAnalysis testing program.
  • Ontario decides to publicly fund genetic testing for breast cancer after an appeal of Fiona Webster to Ontario Health Insurance Plan.
/ Access to breast cancer genetic testing in Canada (Ontario access policy) / Study in Journal of Clinical Oncology re recurrence rates in women with hereditary cancer
2000 /
  • Myriad licenses MDS Laboratory Services to provide BRACAnalysis testing in Canada
  • Canadian BRCA2 patent granted to Myriad
  • Myriad/Rosgen deal with NHS in UK for royalty-free testing by govt. labs
  • Dispute between University of Pennsylvania and Myriad re research/testing
/
  • General discussion of gene patenting following statements of Human Genome Project by Clinton and Blair.
  • MDS announces exclusive license deal with Myriad “to provide greater access to Canadians”
/
  • Clinton calls to toughen standards for gene patenting and scientists address
  • Rosgen announces exclusive UK license for BRCA1/2 testing
  • Myriad test threatening services of 15 UK testing laboratories
  • Myriad moves into European market
  • Myriad deal with NHS in UK and Rosgen to waive royalties on BRCA1/2 testing
  • Scientists urge US Congress to toughen standards for granting gene patents
/
  • British scientists object to Myriad’s attempts to patent in Europe
  • Myriad and NIH’s agreement re: research services
  • University of Pennsyvania forced to cut back on breast cancer testing b/c of Myriad’s patents

2001 /
  • European patents for BRCA1 and BRCA2 granted to Myriad and opposition proceedings led by the Institut Curie and France.
  • Cease and desist letters sent by Myriad and MDS to public laboratories across Canada engaged in BRCA testing.
  • British Columbia decides to cease BRCA testing in public labs
  • Ontario Premier raised Myriad patents at Annual Premier’s Conference.
  • Premiers endorsed Ontario report: Genetics and Gene Patenting.
/
  • Provision of Myriad’s tests in Australia and licensing discussions
  • Guidelines issued by Patent office in New Zealand on gene patents
/
  • Myriad’s cease and desist letters and the Ontario Government’s response.
  • Ontario Premier Mike Harris vows to lead battle on gene patents”
  • Mike Harris and Tony Clement defy Myriad’s patents and Ontario continues testing
  • British Columbia forced to stop BRCA1/2 testing
/
  • Institut Curie led opposition to EPO patents
  • Canadian Premiers’ on gene patent debate
  • Swiss Social Democrat party joins opposition proceedings
/
  • Europe’s gene patent rebellion
  • Myriad assists in DNA ID of victims of World Trade Center bombings
  • Ontario and BC positions on testing
  • Ontario challenges Myriad patents (plays out in Salt Lake City Tribune—only as minor by-line)
  • Only in Utah: Eight Myriad patents were granted by the European Patent Organization, Canada, Australia and New Zealand
  • Myriad announces proteomics research program
  • New USPTO guidelines on gene patenting

2002 /
  • Canadian BRCA2 patent granted to Myriad
  • Myriad licenses Genetic Technologies to test BRCA1/ BRCA2 mutations in Australia and New Zealand
/ Myriad licensing deal with Genetic Technologies and impacts on access, cost and public healthcare /
  • Lack of Provincial coverage due to cost of Myriad’s test
  • Myriad seeks Canadian patent for prostate cancer gene.
  • Ottawa conference on issue
/ Mildred Cho’s survey on genetic testing labs /
  • Mildred Cho’s survey on genetic testing labs-Nature
  • Opposition proceedings at EPO—positions of opponents—headlines are Myriad faces new challenges—Myriad fighting case
  • Nuffield report also mentioned.
  • Test marketing –TV ads by Myriad
  • Myriad publishes study in Journal of Clinical Oncology
  • Most positive articles from Salt Lake City Tribune and Deseret News (Salt Lake City)

2003 /
  • Ontarioannounces $1.2-million program to screen women at high risk of
  • developing breast and ovarian cancer.
  • British Columbia reconsiders its position and reinstitutes in-house BRCA testing.
/
  • Canadian Provinces support Ontario’s position on BRCA testing following Ontario Government’s announcement to screen high risk women
  • Continued coverage of fight between Ontario and Myriad: “defy”, “refuse to pay”
  • Alberta announces it will not comply with Myriad cease and desist letter.
/
  • Ontario challenges Myriad’s patents
  • Science article on risk of Jewish women for hereditary breast cancer
  • Marketing of Myriad’s tests raise ethical concerns

2004 /
  • EPO granted Cancer Research UK’s BRCA2 patent.
  • EPO revoked Myriad’s first BRCA1 patent
  • Pre-implantation genetic testing for BRCA1/2 in IVF
/ Revocation of European patent has only local effect. / EPO grants Cancer Research UK’s BRCA2 patent. /
  • EPO grants Cancer Research UK’s BRCA2 patent-British charity—defensive patenting
  • EPO revokes BRCA1 European patent.

2005 / EPO narrows another Myriad BRCA1 Patent following opposition proceedings /
  • Jensen and Murray patent landscape human genome
  • Opposition proceedings at EPO- position of European Society for Human Genetics—concerned about genetic discrimination against Jewish women as Ashkenazi Jews named in patent
  • EPO upholds 2 Myriad patents

2006 /
  • King publishes paper in JAMA showing that Myriad test misses mutations.
  • EPO upholds 2 of Myriad’s BRCA patents
/
  • New European test catches mutations missed by Myriad
  • EPO upholds 2 of Myriad’s BRCA patents
/
  • King publishes paper in JAMA showing that Myriad test misses mutations.
  • (MOST COVERED STORY)
  • NO rebuttal stories.
/
  • Paper in JAMA showing that Myriad test misses mutations: (MOST COVERED STORY)
  • Shares in Myriad fall.
  • Myriad rebutsJAMA article showing that Myriad test misses mutations.
  • Series of general articles about genetic testing with focus on most common-breast cancer testing from perspective of patients—also perils of online genetic test results with inadequate counseling