Cancer research litigation

A US-based family foundation that donated $100m for cancer research at the University of Pennsylvania is seeking $1bn in damages from the former head of its research institute.

The Leonard and Madlyn Abramson Family Cancer Research Institute at the Abramson Cancer Center of the University of Pennsylvania has sued Craig Thompson (pictured) and healthcare companies Agios Pharmaceuticals and Celgene, in Federal Court, according to news provider Courthouse News.

The Abramson Center alleges Thompson, who was its scientific director from 1999 until October 2011, "purposely concealed his formation of Agios Pharmaceuticals, because he knew his research was rightly the intellectual property of the institute," according to the news provider.

The Abramson Center was created by an agreement between the Abramson family Foundation and the Trustees of the University of Pennsylvania. Since its founding, the institute has been housed at the University of Pennsylvania’s Abramson Cancer Center.

The family foundation said it donated more than $100m "with an ironclad condition that the money was to be utilized to revolutionize the medical treatment of cancer by exploring only new and different approaches to cancer treatment.

"Another fundamental condition of the agreement was that the Institute would own all or part of all discoveries and developments occasioned or fostered by Institute-funded work," according to the complaint reported by Courthouse News.

However, the institute alleged Thompson "discovered that cancer cell growth requires an enzyme not previously implicated in cancer" and in 2007 incorporated Agios in Delaware under the name Cancer Therapeutics, Inc.

In 2010, Celgene formed a global strategic collaboration focused on targeting cancer metabolism with Agios and provided $130m in upfront payments in return for some equity and a period of exclusivity, Courthouse News said. A further $78m was invested by Celgene and venture capitalists in November.

Thompson terminated his employment relationship with the institute and the university on October 31. Through his attorney, Thompson declined to comment to news provider Science Insider beyond giving it the following statement: "The allegations in this lawsuit are unfounded and without merit. It is unfortunate that the Abramson Family Cancer Research Institute has chosen to go down this path."

The institute is represented by Robinson Brog Leinwand Greene Genovese & Gluck, and Science Insider posted its complaint. Agios and Celgene were unavailable.

[Editor’s note, this story was backdated to the 5th from posting on 16 January.]