Labrador drops BioFire suit after COVID-19 revelation
Labrador Diagnostics has dropped its controversial patent complaint against COVID-19 test developer BioMerieux.
Labrador filed the complaint earlier this year, based on patents bought from now-defunct health tech company Theranos.
But the complaint backfired when BioMerieux then revealed that it was working on developing a test for COVID-19, as Labrador was accused in the media of being a ‘patent troll’.
Labrador insisted it was unaware of BioMerieux and its subsidiary BioFire’s role in developing technology for fighting COVID-19, and indicated it would drop the suit.
The company has now filed a notice of voluntary dismissal at the US District Court for the District of Delaware.
“This lawsuit was never about COVID-19. There is no mention of COVID-19 or SARS-CoV-2 anywhere in the complaint,” Labrador said in the filing.
“Nevertheless, in view of the ongoing COVID-19 pandemic, and as requested by the defendants, Labrador is dismissing the complaint to allow the defendants to focus their resources on combating the coronavirus and addressing the public health crisis,” it added.
Labrador also said it responded to BioMerieux’s COVID-19 test announcement with the offer of a royalty-free licence to the asserted patents, but received no reply.
“Labrador continues to fully support all efforts directed to addressing the present international COVID-19 pandemic and continues to hope that more tests will be created, disseminated, and used to quickly and effectively protect our communities here and throughout the world,” the notice said.
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