PointCare sued Brigham and Women 2019s Hospital, Mass. General Hospital, the Koch Cancer Institute, and the two named inveontors, both former PointCare employees, accusing them of infringing U.S. Patent No. 7,611,849, which is alleged to cover aspects of 201cenhanced cellular assays. 201d The technology, which addresses human cells that have been marked for detection as receptors, can lead to very early detection of conditions such as AIDS, lung cancer, and other diseases. The patent covers the binding of gold to receptor cells to facilitate in their detection and quantification. The complaint alleges that the defendants are preparing to market infringing technology, as evidenced by articles published by the defendants that indicated they had been conducting research to locate markers as to cancer cells which could be addressed through the patented process. In addition to the infringement claim, the defendants are accused of violating Mass G.L. c. 93A, conversion under state law, breach of contract (alleging that infringement of the patent is effectively a breach of the agreement whereby the inventors assigned the patent to PointCare), and interference with a contract (again, the assignment contract).
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