Robinson Bradshaw

Author: John Conley

Clash of Titans: The Fight Over the CRISPR Gene-Editing Patent Rights

As we noted in previous posts in the Genomics Law Report (now, The Privacy Report), a major dispute over patent rights to CRISPR (for Clustered Regularly Interspaced Short Palindromic Repeats)-Cas9 systems broke out in January 2016 between Feng Zhang and the Harvard–MIT-affiliated Broad Institute on one side and Jennifer Doudna and the University of California–Berkeley […]

The Strictest Data Privacy Law in the United States

On June 28, 2018, California’s Senate and Assembly unanimously approved the California Consumer Privacy Act of 2018 (CCPA), which will take effect Jan. 1, 2020, and will become the strictest data privacy law in the United States. The CCPA seeks to be far-reaching, both in terms of the companies affected and the content to be […]

The European Union’s GDPR Takes Effect May 25: Are You Ready?

Welcome to the first installment of The Privacy Report. Some of you may have been followers of Robinson Bradshaw’s Genomics Law Report blog, which has evolved into this new blog because—especially with the gene patent wars over for the time being—the content of the GLR was moving in the direction of privacy law and regulation. […]

Allergan Assigns Patents to Native American Tribe to Avoid Validity Challenge

What will those lawyers think of next? In one of the most surprising patent strategies ever, the Irish drug company Allergan has assigned six patents on its top-selling dry eye drug Restasis to the Saint Regis Mohawk Tribe of upstate New York, which is one of the colonial-era Iroquois Nations. The federally recognized tribe is […]

More Bad Legal News for Athena Diagnostics: Don’t Mess with Mayo

We have been reporting for more than a year about the case of Williams v. Quest Diagnostics (the parent company of Athena Diagnostics), in which the plaintiff has sued Athena and Quest for causing the death of her son by misclassifying a genetic variant when testing the boy’s DNA. That case is now on  hold […]

LabMD Update

Last September, I reported on the Federal Trade Commission’s decision upholding its enforcement action against the now-defunct clinical laboratory LabMD, Inc. In 2013, the FTC brought an administrative complaint against LabMD, alleging that its lax cybersecurity practices resulted in the exposure of patient data. As I wrote last year, exposure was the key word, as […]

Singapore Court Awards Damages for Loss of “Genetic Affinity”

In its March 22, 2017 decision in ACB v. Thomson Medical, the Court of Appeal of Singapore (the city-state’s supreme court) approved an award of damages for loss of “genetic affinity” against a fertility clinic that negligently fertilized a mother’s egg with sperm from an anonymous donor rather than her husband. The plaintiff and her […]

Some Thoughts on the New Common Rule for Human Subjects Research

On January 18, 2017, in one of its last official acts, the outgoing Obama administration issued a final revised version of the Common Rule—the regulation that governs the treatment of human subjects in all federally funded research. This was the culmination of a process that began in 2011 when the Department of Health and Human […]

Williams v. Athena Motion to Dismiss Hearing—SC Supreme Court May Be Asked to Decide Whether a Diagnostic Laboratory Qualifies as a Healthcare Provider

Foreword by John Conley  Back on May 31, 2016, Contributing Editor Jennifer Wagner wrote a lengthy report on the newly filed case of Williams v. Quest Diagnostics, et al. As Jen recounted, plaintiff Amy Williams sued Athena Diagnostics and its corporate parent, Quest Diagnostics, alleging that Athena negligently misclassified a genetic variant it identified in testing […]

FTC Muscles in on Health Privacy

In its July 29, 2016 decision in LabMD, Inc., the Federal Trade Commission clearly signaled its intent to get more involved in the regulation of health privacy. Specifically, the case indicates that the agency intends to go well beyond its traditional role of protecting consumers against deception and to begin scrutinizing the nuts and bolts […]