Under the terms of the settlement, Transgenomic agreed to provide CHEO, located in Ottawa, and all other Canadian public sector hospitals and laboratories, the right to test Canadians for Long QT on a not-for-profit basis.
But Lipkus said the settlement's impact is much broader than the five genes and particular syndrome at issue in the lawsuit. "This agreement defines a practical pathway that will allow Canadian public hospitals and labs to conduct genetic testing without legal roadblocks from gene patents."
The settlement model is important because public hospitals want to offer full panels of genetic testing without cost. As for the patent owners, the model allows them to avoid taking on the public sector by granting non-commercial licences to non-profit public institutions.
"When you have companies that …show more content…
"He turbocharged the whole thing and put us in touch with CHEO and the entire genetic network community."
Gold's interest in gene patents originated in 1998 when he wrote a report on the patentability of human genes, a highly controversial legal issue that remains largely unresolved, particularly in Canada. He has since advised governments and health organizations on the issue. He was also involved with the Myriad litigation.
Gold knew that CHEO had a genetic team that was at the forefront of genetic testing and running into the gene patent problem with some regularity. He referred the lawyers to the hospital.
"The genetics department were genuinely frustrated by the situation and saw this as an important issue for the hospital and medical care generally," Lipkus said.
In January 2013, the hospital retained the lawyers to investigate the possibilities on a pro bono basis. Gold was able to include funding for research associated with a possible test case in one of his grants.
"For the next year, we spent tens of thousands on student research and working through the patents with the geneticists," Lipkus
But Lipkus said the settlement's impact is much broader than the five genes and particular syndrome at issue in the lawsuit. "This agreement defines a practical pathway that will allow Canadian public hospitals and labs to conduct genetic testing without legal roadblocks from gene patents."
The settlement model is important because public hospitals want to offer full panels of genetic testing without cost. As for the patent owners, the model allows them to avoid taking on the public sector by granting non-commercial licences to non-profit public institutions.
"When you have companies that …show more content…
"He turbocharged the whole thing and put us in touch with CHEO and the entire genetic network community."
Gold's interest in gene patents originated in 1998 when he wrote a report on the patentability of human genes, a highly controversial legal issue that remains largely unresolved, particularly in Canada. He has since advised governments and health organizations on the issue. He was also involved with the Myriad litigation.
Gold knew that CHEO had a genetic team that was at the forefront of genetic testing and running into the gene patent problem with some regularity. He referred the lawyers to the hospital.
"The genetics department were genuinely frustrated by the situation and saw this as an important issue for the hospital and medical care generally," Lipkus said.
In January 2013, the hospital retained the lawyers to investigate the possibilities on a pro bono basis. Gold was able to include funding for research associated with a possible test case in one of his grants.
"For the next year, we spent tens of thousands on student research and working through the patents with the geneticists," Lipkus