The ghost of Theranos is still haunting the biotech industry, even in the middle of a pandemic. A shell company called Labrador Diagnostics LLC, which says it holds the rights to two Theranos patents, sued a company making COVID-19 tests for patent infringement. The lawsuit asked the court to force the company, BioFire, to stop making its tests.
“This could be the most tone-deaf IP suit in history,” tweeted Mark Lemley, director of the Stanford Law School Program in Law, Science and Technology.
Bad: a biotech patent troll
Worse: seeking injunctions even though it’s not in the market
Worse still: using patents it got from Theranos
Worst: trying to shut down is COVID-19 testing.
This could be the most tone-deaf IP suit in history.