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SEC Comment Letter for MYRIAD GENETICS INC (MYGN) (CIK 0000899923) (MYGN) — Mar 12, 2010

MYRIAD GENETICS INC (MYGN) (CIK 0000899923)
Date: March 12, 2010 · CIK: 0000899923 · Accession: 0000000000-10-014076

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File numbers found in text: 000-26642

Date
March 12, 2010
Author
Jeffrey P. Riedler
Form
UPLOAD
Company
MYRIAD GENETICS INC (MYGN) (CIK 0000899923)

Letter

Re: Myriad Genetics, Inc. Form 10-K for the Fiscal Year Ended June 30, 2009 Filed August 26, 2009 File Number: 000-26642 Dear Mr. Marsh:

Via Facsimile and U.S. Mail Mail Stop 4720

March 12, 2010

Richard M. Marsh Executive Vice President, General Counsel and Secretary Myriad Genetics, Inc. 320 Wakara Way Salt Lake City, UT 84108

We have reviewed your filing and have the following comments. In our comments, we ask you to provide us with information to better understand your disclosure. The information you provide should show us what the re vised disclosure will look like and identify the annual or quarterly filing, as applicable, in which you intend to first include it. If you do not believe that re vised disclosure is necessary, explain the reason in your response. After reviewi ng the information provided, we may raise additional comments and/or re quest that you amend your filing. Please understand that the purpose of our re view process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We welcome any questions you may have about our comment or on any other aspect of our review. Feel free to call us at the telephone numbers listed at the end of this letter.

Item 1. Business, page 2

Patents and Proprietary Rights, page 5

1. We note in your disclosure that you curren tly own or license 213 issued patents in the United States and foreign countries. Please include in your disclosure a

Richard M. Marsh Myriad Genetics, Inc. March 12, 2010 Page 2 description of all material patents, id entify which patents are related to which product families, the range of expira tion dates of those patents and the jurisdictions to which they apply. Exhibits

2. We note that you have filed as an exhibit your form Executive Retention Agreement. Please file each existing Executive Retention Agreement with your named executive officers. These agreemen ts are management contracts that should be included as exhibits, pursuant to Item 601(a)(10)(iii)(A) of Regulation S-K.

* * * *

Please provide us the information request ed within 10 busine ss days or tell us when you will provide us with a response. Pl ease furnish a cover le tter with your response that keys your response to our comments. De tailed cover letters gr eatly facilitate our review. Please furnish your letter on EDGAR under the form type label CORRESP.

We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing include all in formation required under the Securities Exchange Act of 1934 and th at they have provided all information investors require for an informed invest ment decision. Since the company and its management are in possession of all facts re lating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.

In connection with responding to our co mments, please provide, in your letter, a statement from the company acknowledging that: • the company is responsible for the adequacy and accuracy of the disclosure in the filing;

• staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking a ny action with respect to the filing; and

• the company may not assert staff comme nts as a defense in any proceeding initiated by the Commission or any pers on under the federal s ecurities laws of the United States.

In addition, please be advi sed that the Division of En forcement has access to all information you provide to the staff of the Divi sion of Corporation Fi nance in our review of your filing or in response to our comments on your filing.

Richard M. Marsh Myriad Genetics, Inc. March 12, 2010 Page 3 Please contact Scot Foley, Staff Attorn ey, at (202) 551-3383, Daniel Greenspan, Special Counsel, at (202) 551-3623, or me at (202) 551-3715 with any questions. S i n c e r e l y , J e f f r e y P . R i e d l e r A s s i s t a n t D i r e c t o r

Show Raw Text
Via Facsimile and U.S. Mail
Mail Stop 4720

          March 12, 2010

Richard M. Marsh
Executive Vice President, General Counsel and Secretary Myriad Genetics, Inc.  320 Wakara Way Salt Lake City, UT 84108

Re:   Myriad Genetics, Inc.
 Form 10-K for the Fiscal Year Ended June 30, 2009
 Filed August 26, 2009
 File Number:  000-26642
 Dear Mr. Marsh:

We have reviewed your filing and have the following comments.  In our
comments, we ask you to provide us with  information to better understand your
disclosure. The information you provide should show us what the re vised disclosure will
look like and identify the annual or quarterly filing, as applicable, in which you intend to
first include it. If you do not believe that re vised disclosure is necessary, explain the
reason in your response. After reviewi ng the information provided, we may raise
additional comments and/or re quest that you amend your filing.
  Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure  requirements and to  enhance the overall
disclosure in your filing. We look forward to  working with you in these respects. We
welcome any questions you may have about our comment or on any other aspect of our review. Feel free to call us at  the telephone numbers listed at the end of this letter.

Item 1. Business, page 2

Patents and Proprietary Rights, page 5

1. We note in your disclosure that you curren tly own or license 213 issued patents in
the United States and foreign countries.  Please include in your disclosure a

Richard M. Marsh
Myriad Genetics, Inc.
March 12, 2010 Page 2
description of all material patents, id entify which patents are related to which
product families, the range of expira tion dates of those patents and the
jurisdictions to which they apply.
 Exhibits

2. We note that you have filed as an exhibit your form Executive Retention
Agreement. Please file each existing Executive Retention Agreement with your
named executive officers. These agreemen ts are management contracts that
should be included as exhibits, pursuant to Item 601(a)(10)(iii)(A) of Regulation
S-K.

* * * *

 Please provide us the information request ed within 10 busine ss days or tell us
when you will provide us with a response.  Pl ease furnish a cover le tter with your response
that keys your response to our comments.  De tailed cover letters gr eatly facilitate our
review.  Please furnish your letter on EDGAR under the form type label CORRESP.

 We urge all persons who are responsible for the accuracy and adequacy of the
disclosure in the filing to be certain that the filing include all in formation required under
the Securities Exchange Act of 1934 and th at they have provided all information
investors require for an informed invest ment decision.  Since the company and its
management are in possession of all facts re lating to a company’s disclosure, they are
responsible for the accuracy and adequacy of the disclosures they have made.

 In connection with responding to our co mments, please provide, in your letter, a
statement from the company acknowledging that:
• the company is responsible for the adequacy and accuracy of the disclosure in
the filing;

• staff comments or changes to disclosure  in response to staff comments do not
foreclose the Commission from taking a ny action with respect to the filing;
and

• the company may not assert staff comme nts as a defense in any proceeding
initiated by the Commission or any pers on under the federal s ecurities laws of
the United States.

 In addition, please be advi sed that the Division of En forcement has access to all
information you provide to the staff of the Divi sion of Corporation Fi nance in our review
of your filing or in response to our comments on your filing.

Richard M. Marsh
Myriad Genetics, Inc.  March 12, 2010 Page 3
Please contact Scot Foley, Staff Attorn ey, at (202) 551-3383, Daniel Greenspan,
Special Counsel, at (202) 551-3623, or me  at (202) 551-3715 with any questions.
         S i n c e r e l y ,             J e f f r e y  P .  R i e d l e r          A s s i s t a n t  D i r e c t o r