Thursday, November 19, 2009

Athena Diagnostics slaps IP suit on Calif. genetics firm

By Julie M. Donnelly

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Athena Diagnostics Inc., a Worcester-based division of Thermo Fisher Scientific, is suing a California-based genetics company for allegedly infringing on patents for a test for a type of diabetes.

Athena filed a total of four lawsuits in the U.S. District Court of Massachusetts against Ambry Genetics Corp. in Aliso Viejo, Calif., after Ambry performed tests for the diagnosis of maturity onset diabetes of the young, known as MODY. Athena says the patents for the tests are based on research done at several institutions, including Massachusetts General Hospital, that were bought by Athena’s partner Correlagen Diagnostics Inc., based in Waltham. Athena officials say Correlagen, in a 2004 agreement, gave Athena exclusive rights to the test.

Athena is requesting a jury trial and is asking that the court enjoin Ambry from performing the test and award triple damages for “willful infringement” on the patent.