In recent weeks, the Supreme Court declined to consider an appeal in a case which challenged a lab company’s patent on a clinical laboratory test. On Jan. 13, the justices rejected the appeal made by Athena Diagnostics, a division of Quest Diagnostics. In an earlier ruling, a lower court had ruled in favor of the plaintiff, the Mayo Clinic, that the patent on Athena’s test to detect the presence of an auto-immune disease was invalid. In a story about the Supreme Court decision, Bloomberg reporter Susan Decker said the lower court found that “the test wasn’t eligible for a patent because it merely covered a natural law—the correlation between the presence of an antibody and the disease.”
MORE ON: Patenting Lab Tests
Bloomberg, in its coverage of the Mayo-Athena case, noted that “The U.S. Court of Appeals for the Federal Circuit in July split 7-5 on whether any medical diagnostic could be patented. The judges issued eight opinions over 80 pages lamenting the confusion over patenting diagnostic tests and its impact on patient care.”
FOR ANIMALS: COMPANION DIAGNOSTICS ARE HERE!
Demand for cancer tests and associated cancer drugs for dogs, cats, and other animals is already substantial. Market research published by Transparency Market Research (TMR) of Albany, N.Y., estimated that the “global companion animal diagnostics market” totaled U.S. $2.3 billion in 2018. TMR predicts a compound annual growth rate for this sector globally of more than 9% from 2019 through 2027.
- Foundation Medicine of Cambridge, Mass., a division of Roche Holdings, appointed Ritesh Khullar as its new Chief Commercial He came to Foundation from Flatiron Health, another Roche company. Previously, Khullar served at Bristol-Myers Squibb, and Anderson Business Consulting.
- Bio-Rad Laboratories announced the appointment of Dara Grantham Wright to the position of Executive Vice President and President of the Clinical Diagnostics Wright held prior positions with Thermo Fisher Scientific, Affymetrix, BD, and EMD Millipore.
DARK DAILY UPDATE DARK DAILY UPDATE
Have you caught the latest e-briefings from DARK Daily? If so, then you’d know …
… how medical laboratory managers in hospitals and health systems are becoming aware that, because of the opioid crisis, federal healthcare prosecutors are ramping up investigations into some pain management laboratory companies that they believe are operating fraudulently and illegally inducing physicians to order medically-unnecessary tests.
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That’s all the insider intelligence for this report. Look for the next briefing on Monday, February 17, 2020.