Labcorp Unit Dodges IP Fees To Dana-Farber, Mass General

By Dani Kass (October 22, 2021, 5:27 PM EDT) -- The First Circuit has vacated a Massachusetts federal judge's holding that a Labcorp unit owes $1.3 million in patent licensing fees to Massachusetts General Hospital and Dana-Farber, saying an agreement the trio had reached in a sublicensing settlement wiped earlier pay requirements.

In an opinion docketed Thursday, the First Circuit said an agreement between Mass General, Dana-Farber Cancer Institute and Labcorp's Esoterix Genetic Laboratories should be read as clearing Esoterix from paying the challenged $1.3 million in patent royalties and fees to the providers affiliated with Harvard University.

The three-judge panel overrode Judge Indira Talwani's decision to make Esoterix pay the...

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