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As for Theranos, in fact, it wasn’t a successful business

Dec. 7, 2017 by Ella Pickett

As for Theranos, in fact, it wasn’t a successful business in the first place. Theranos was a "fraud" for the most part, and the USPTO had done little to prevent it from breaking the law and losing all of its revenue.

In 2014, an attempt was made to take Theranos out of FTC by suing for infringement, and the outcome was not positive—until now. In October, a USPTO official named Thomas O'Connor announced that the Theranos patent had gone to USPTO and that the USPTO had rejected all the patents, as well as patent infringement claims made by Theranos. In the end, USPTO officials denied all claims that the Theranos patent had been infringed.

In August of last year, Theranos filed for Chapter 11 bankruptcy protection, and filed for Chapter 12 bankruptcy. It is not known whether that would have stopped Theranos from continuing to fail under the law, but it has now. Even though the USPTO has no formal rule about what kind of bankruptcy protection a company can obtain, it is unlikely to stop a company from going to court in an attempt to force a USPTO to take a stand.

The public knows that lawsuits can be difficult. But they can also be very effective. It could be that the USPTO was attempting to prevent Theranos from getting the best possible outcome from the patent and from using the money it got from competitors. And they did that.

-USPTO Director Michelle Lee, November 3, 2015

It is time. And there are many more who will.

The patent filing is available here , and in the meantime see the first batch of the patent applications that Theranos filed in the USPTO. I have been looking for a long time for this to be published, and while it has not been published yet, I have a feeling that it will soon be.

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