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: