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.

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“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.

Mark Lemley @marklemley

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.

Labrador Diagnostics v. BioFire (D Del)