Specifically, Genetic Technologies has alleged that 23andMe and LabCorp infringe U.S. Patent No. 7,615,342, entitled “ACTN3 genotype screen for athletic performance.” The complaint is available here.
ACTN3 (Alpha-actinin-3) is an actin-binding protein encoded by the ACTN3 gene. A particular mutation in the ACTN3 gene (rs1815739; R577X) results in a deficiency of the ACTN3 protein. The non-mutant version of the gene is associated with sprint performance, the mutant version is associated with endurance.
23andMe does analyze the rs1815739 SNP in their tests (see “Speed Gene: Fact or Fiction?”). My own rs1815739 SNP genotype, for example, is TT, meaning that I have no working copies of ACTN3 in my fast-twitch muscle fibers. From the complaint:
I received my results from the Geno 2.0 test from National Genographic tonight. The results align fairly well with what I already know about my DNA. For example, I knew I was haplogroup A2 (a Native American haplogroup), but the A2w is new so I have to do some research there.
Even more interesting is my paternal haplogroup designation. The NatGeo tests lists the terminal SNP instead of a haplogroup that will typically encompass multiple SNPs. I am listed as R-Z306, which is R1b1a2a1a1a3a1 on the current ISOGG Y-DNA tree. However, my results indicate that I am L1+, which is associated with Null439 (I previously knew I was null439). Many believe that L1+ is downstream of Z306+, but these types of questions are exactly what the NatGeo 2.0 test will help determine.