There is that, and it's mostly true. But even more importantly, it doesn't matter. The lawyers like to put the first defensive walls as far away from the actual product as possible. There are any number of layers of defense remaining. In part, that's the answer to anyone who questioned the high level of ongoing research spending. Nobody can take Myriad's business away because Myriad started in front and has been running harder than the competition.
Unfortunately, there are still a few years of appeals. As long as the legal uncertainty remains, some of the big players will be inhibited from taking positions in MYGN.
All universities, biotechs, and start-ups are the big losers today. MYGN will be just fine. As you've noted, smart companies have many layers of IP protection and MYGN is smart. Look for a major firestorm at the appellate level. ACLU has awakened a sleeping giant.