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855 posts categorized "Mayo Clinic"

March 05, 2015

Three local biotech start-ups win funding

A regional economic development fund is giving three local medical technology start-ups a financial boost.

Southern Minnesota Initiative Foundation recently announced it's giving funding to three local companies: Ambient Clinical Analytics, a Mayo Clinic spin-off software firm in Rochester; Xcede Technologies Inc., a Rochester company that makes surgical sealants; and Sonex Health, a Byron-based company that markets a carpal tunnel surgery device device called Stealth Microknife.

G_southern-minnesota-initiative-foundation-1395-1410186849.1865SMIF, which typically doesn't release the amounts of its economic development investments, is tapping its new $3 million Southern Minnesota Equity Fund for the capital for these three companies. The fund was created to to invest up to $600,000 per year for five years. The maximum investment is $100,000, according to SMIF.

The fund provides capital and expertise to early-stage and start-up companies. SMIF partners with organizations and individual investors to leverage capital and expertise to grow these companies to provide economic opportunities for Southern Minnesota.

"We're pleased to invest in these high-tech businesses through our newly-created equity fund program. Our Foundation remains committed to providing resources to grow local businesses," stated SMIF President/CEO Tim Penny in the announcement of the investments.

Ambient Clinic: Ambient Clinical is based in the newly opened expansion of the Mayo Clinic Biobusiness Accelerator in the Minnesota Biobusiness Center. It's CEO is Al Berning, who previously led Pemstar, Hardcore Computing and other Rochester companies. Drew Flaada, a former Rochester IBM executive, serves as chief technology officer.

Ambient raised $1.18 million in funding in early 2014.

Xcede Technologies Inc.: Xcede, subsidiary of Watertown, Mass.-based Dynasil Corp. of America, designs, develops and manufactures innovative hemostatic (bleeding prevention) and sealant products for surgical application.

Xcede is based at 1815 14th St. NW. Ambient's Berning was listed as an executive director in 2014.

Dynasil acquired Mayo Clinic technology initially invented by Dr. Daniel Ericson in 2011.

Sonex Health: Sonex Health is the creator of the Stealth MicroKnife. The Stealth MicroKnife is a medical device that allows clinicians to perform carpal tunnel release surgery under ultrasound guidance in the office

Sonex is listed as being based in Byron as well as having a presence in Mayo Clinic Mayo Clinic Biobusiness Accelerator. 

March 02, 2015

Mayo Clinic-linked NeoChord looking to drum up $1.5 million

NeoChord, a medical device firm I first wrote about in 2007, filed with the SEC in February to raise $1.5 million in funding. So far it has pulled in $457,000 or so of that.

I need to give a nod to the intrepid Katharine Grayson of the Minneapolis/St. Paul Business Journal for first pointing this out. I'm always impressed by how closely she tracks Form D filings for financing.Portfolio-neochord-260x138

The Eden Prairie-based NeoChord surfaced locally in 2007, when it licensed technology designed by Mayo Clinic cardiac surgeons Dr. Richard Daly and Dr. Giovanni Speziali. Speziali was named as the company's chief medical officer in 2013. 

Beside licensing its technology, Mayo Clinic has also previously invested in NeoChord. I'm checking to to see if that is still the case.

Neochord deviceThe NeoChord DS1000 device is used to treat a heart condition called mitral regurgitation. Mitral regurgitation means the valve or leaflet that controls the flow of blood from the left atrium to the left ventricle is not working properly.

Treatment typically consists of “cracking the chest,” stopping the heart and doing surgery. NeoChord's approach is much less invasive and can be done on a beating heart.

A tool is inserted between the ribs and into the heart. Then it is used to attach a chord to the faulty valve leaflet, which is tethered to the heart.

The market for less invasive techniques for mitral valve repair has been estimated at more than $2 billion. There are 50,000 surgeries done in the U.S. each year. An estimated 2 million patients are treated due to the risks of surgery.

Since it formed in 2007, NeoChord's lifeblood has been venture capital funding. By 2008, it had raised $3 million. It raised another $5.1 million in 2011 to finance the European clinical trial. In March 2013, it raised $3 million through the sale of its series B-2 preferred stock.

 

February 25, 2015

City to lease former Mayo Clinic space to Cardio3

This has been in the works for quite a while. It looks like it's now a done deal, at least on the city, RAEDI and DEED side.

We'll see what happens next. After following this for more than a decade, it will be interesting to see how it plays out. I'm particularly fascinated with how the China piece of this, including Medisun and Danny Wong, turns out.

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After amending its original lease, Belgium-based Cardio3 BioSciences is now finally cleared to take over the entire fifth floor C3BS_may_spotlightof Rochester's Minnesota BioBusiness Center.

In December, the Rochester City Council originally approved a five-year agreement with Cardio3 for the 14,963-square-feet of space to use as a prototype manufacturing facility. However, the company then asked for "an early termination provision" in the lease.

The deal is being driven by the city, Rochester Area Economic Development Inc., Mayo Clinic and the Minnesota Department of Employment and Economic Development to make Rochester more attractive to Cardio3, so that the company will build a major manufacturing plant here.

This is the second phase of deal funded by $1.2 million from the city of Rochester's economic development sales tax fund. The first phase was developing little more than 5,000 square feet of unused space on the third floor of the BioBusiness Center to build a special manufacturing lab for Cardio3.

Mayo Clinic and Cardio3 have collaborated for years on the cardiopoiesis technology the company uses to repair patients' hearts by re-programming their own stem cells to regenerate cardiac tissue. Mayo Clinic owned 2.96 percent of the company as of Jan. 21. It's also managing a clinical trial for Cardio3.
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On Wednesday, city council members voted to add an early termination provision to the deal that allows Cardio3 to end the five-year lease after just two years in the space. That provision kicks in only if Cardio3 decides to "construct or lease a larger production facility in Rochester" or the clinical trial on its regenerative heart treatment is not successful.

To leave early, Cardio3 will need to notify the city six months ahead of time. Under the modified lease, the earliest that the regenerative medicine firm could pull out is April 30, 2017. Cardio3 would need to pay the city $269,334 if it did leave earlier than five years. That amount equals about one year of base rent.

If Cardio3 does leave before its lease is up, all of the city-funded fixed equipment and improvements will become the city of Rochester's property. The city agreed in the lease to pay for $600,000 in equipment and improvements to the space.

The final version of the lease calls for Cardio3 to pay a rent of $18 per square foot or $22,444.50 a month.

Mayo Clinic, which leases the fourth through eighth floors of the BioBusiness Center, moved its employees out of the fifth floor earlier this year. At one point, Mayo Clinic Global Products' corporate accounts had offices on the fifth floor.

In earlier discussions about this project, RAEDI estimated that Cardio3 will need 30 to 50 employees to staff the proposed prototype manufacturing facility on the fifth floor.

The ultimate goal of this project is to convince Cardio3 to build a 100,000-square-foot manufacturing facility with 350 employees in Rochester. That's what Cardio3 anticipates it will need if the Federal Drug Administration gives it a green light to take its stem cell treatment to market.

RAEDI President Gary Smith calls it "the big enchilada."

February 23, 2015

Delta to end Rochester-Detroit flights in April

Despite their popularity, nonstop flights to Detroit will soon end for passengers using the Rochester International Airport, after only a few months.

5403bad42fa22.imageAfter about six months, Delta Air Lines has notified the airport that it will be pulling the plug on the daily nonstop flights to Detroit on April 9, according the new Airport Director John Reed.

Reed says he received notification from Delta on Feb. 17, his second day on the job. Delta launched the Detroit and Atlanta flights in September with great fanfare with many saying it was needed for the anticipated increase in air travel expected due to Mayo Clinic's Destination Medical Center initiative.

While the City of Rochester owns the airport, Mayo Clinic is contracted to manage it via its Rochester Airport Co.

Delta confirmed Monday that the flights will end with a short statement that said it "has made the decision to indefinitely suspend Rochester service to Detroit to ensure we’re matching capacity with demand."

This is not the first time Delta has ended flights from Rochester to Detroit. It killed a similar flight back in 2011.

While the Detroit will come to an end, Delta did stress that its daily flights to Atlanta and Minneapolis will continue. In fact, Delta intends add another Minneapolis flight as the Detroit one ends, according to Reed.

"Essentially, our seat capacity will remain the same," he said.

Numbers from the airport shows that the new flights did bump up its Rochester passenger numbers in 2014 by 20 percent over 2013. Rochester Airport Co. President Steve McNeill, who works for Mayo Clinic, recently reported that Delta had 120,474 passengers here in 2014. From September through December, the months of service to all three of its hubs, the count was 41,854, an 18 percent or 6,500 increase over the similar period in 2013.

"We're certainly happy with the new, expanded service," said McNeill earlier this month, "and I'm sure Delta is, too." Flight payloads, or occupancy levels, were slightly above expectations, with flights to Atlanta averaging at about the mid-80s percent, and to Detroit slightly lower, he added.

Reed says data shows that the Detroit flights ran about 75 percent filled, most of the time.

"It wasn't that the community wasn't supporting us, because they were," he said.

Mayor Ardell Brede hadn't been notified yet about the change on Monday. He said, if true, it would a loss for Rochester.

"I liked that flight," he said. Brede added that it was full when he recently used it.

Reed and Brede both said that they had heard that a shortage of pilots was one reason that Delta ended the flight.

Another possible factor could be a $950,000 "risk mitigation fund set up to guarantee Delta a profit on the new flights during the first year. The rub is that the fund, made up of federal grants, a city match and private donations, doesn't cover the Detroit flight. It only guarantees a profit for Delta's Atlanta fight.

A Delta media representative didn't know about the fund or if it could have played a part in this change.

The ending of the Detroit flights does cast a pall on the airport's future requirement of airlines, to add flights, like ones to Denver.

In May, a national air service consultant said in a Rochester Area Chamber-sponsored forum that, "Adding Atlanta and Detroit is a game changer."

He followed that by saying that many other airlines will be watching how those flights fare.

"This is an important test case to prove that you can fill the larger airplanes. If they (Delta) have to pull it, it would be a big red flag," Joseph Pickering told the crowd of local business leaders.

January 27, 2015

Mayo looks to attract more patients from China

To take advantage of the rapidly growing medical tourism market, Mayo Clinic has deepened its relationship with a Hong Kong firm to bring more Chinese patients to Rochester.

Medisun Holdings Ltd. announced Monday it has signed a collaLogoborative deal to "Ensure efficient referral of patients" to Mayo Clinic. The agreement also calls for Mayo Clinic "to provide health care consulting services to aid Medisun’s work" in Hong Kong and mainland China.

This will allow Mayo Clinic to enlarge its patient pipeline from China. It has added a Web page in Mandarin Chinese and has hired interpreters, the article notes. The Wall Street Journal recently reported increasing numbers of Chinese residents are going overseas "in search of treatment that is either unavailable or ineffective in China."
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Mikel Prieto, medical director of Mayo Clinic's international office, told the Wall Street Journal that "China, probably of all countries, is the one where we see the greatest growth right now."

Melissa Goodwin, Mayo Clinic's manager of global referrals, told China's Caixin Media this summer the number of Chinese people going to Mayo has climbed to 200 in 2013. That's up from just 30 in 2008 and 100 in 2012. She estimated that number would reach 400 by the end of 2014. 

H3-treesDetails of the new Medisun/Mayo Clinic arrangement still are being hammered out, according to Dr. Jason Zhang, of Medisun.

Zhang did confirm that a $1 million office being built in Titan Development and Investments's new H3 Plaza complex on South Broadway will house Medisun's Rochester operations. It's being built under the name Alphaomega Healthcare, though Zhang said he expects it to eventually change to Medisun.

He explained the office will be used to support Chinese patients traveling to Rochester for treatment.

"The medical service will be provided by Mayo, and everything else will be provided by Medisun," Zhang said.

The Medisun office is expected to open in March or April in the west corner of H3 Plaza at 300 S. Broadway, he said. The office will occupy parts of the second and third floors of the seven-story complex, which is being developed by Titan's Andy and Gus Chafoulias.

“Consulting with Mayo Clinic, and leveraging Medisun’s top-quality medical institutions in Hong Kong … Medisun’s experienced medical team will facilitate access to Mayo Clinic’s world-class model of care in order to provide patients in China and Asia with superior medical services,” Medisun's Chairman Danny Wong said in Monday's announcement.
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Wong visited Rochester this summer in connection to his company's investment in Cardio3 Biosciences. Cardio3, a Belgium company with deep business and scientific ties with Mayo Clinic, is negotiating a lease deal with the City of Rochester for the fifth floor of the Minnesota Biobusiness Center.

While in Rochester, Wong had his photo taken at the clinic with local leaders, including Gus Chafoulias and Mayo's Lisa Clarke, who leads the Destination Medical Center initiative.

Wong recently showed his interest in Rochester by buying two large estates here. On Oct. 31, he bought an estate at 2515 Crest Lane SW for $1.4 million. Wong followed that up by buying a Pill Hill house at 615 10 Ave. SW for $1.31 million.

January 15, 2015

Roch. start-up licenses virus to pharmaceutical giant

An international pharmaceutical giant has signed a deal to license a cancer-killing virus from Rochester drug company.

MedImmune, which is owned by London-based AstraZeneca, is licensing a genetically engineered strain of the vesicular stomatitis virus from Omnis Pharmaceuticals. Omnis is a Rochester start-up founded by Dr. Stephen J. Russell, Dr. Kah-Whye Peng, Shruthi Naik and Mark Federspiel, who all work at Mayo Clinic in Rochester. A fifth founder, Glen Barber, is based at the University of Miami.

The companies now will collaborate to combine the Omnis virus with a check point inhibitor created by MedImmune. The goal is to eventually create a treatment for types of cancer affecting the liver, but potentially could be developed to treat a broad array of cancers.

"For us, it's a very big and very important step forward," Omnis CEO Russell said. "Essentially, we have AstraZeneca/MedIummune saying, 'We love this lead product of yours. We want to pick it up, cover the development costs and run with you to bring it to market.' That's a huge accelerator for this development program."

He explained that oncolytic viruses, similar to the one MedImmune is licensing from Omnis, have been found to be effective in destroying cancer cells. Many companies, in the U.S. and internationally, are working on their own treatment based on viruses.

"That's why they're excited about this virus. They can inject it directly into a tumor and kill tumor cells. That wakes up immune system, which adds to the attack," Russell said. "Then if you get the check point inhibitor antibody, the hope is that will lead to major tumor destruction."

This collaboration could mean a lot to Rochester. The US cancer vaccine market was estimated in 2012 to be worth about $14 billion. With about 1.5 million Americans being diagnosed with cancer every year, that market could possibly grow to reach $20 billion by 2020.

While the companies declined to release any financial details of the deal, it's clear the upfront payment portion of the agreement has given Omnis a boost to pursue its own goals, parallel to MedImmune project.

"Our obsession, if you like, is to develop viruses that could be given as systemic intravenous anti-cancer therapy," Russell said.

This virtual start-up, which was founded in late 2013, is "based" on the first floor the Minnesota BioBusiness Center in downtown Rochester in the facilities of Imanis Life Sciences.

Imanis is a related company that was founded by Russell, Peng and Dennis E. Young. It launched in the Mayo Clinic Business Accelerator on the second floor of the building and soon leased 1,736-square-feet of space for its offices and a "wet lab." Imanis makes genetic tracking agents for use in medical research. It also does medical imaging and conduct experiments for clients.

Russell said while Omnis has a lot of potential to break new ground scientifically, Imanis is the more likely candidate to grow into a economic driver and job creator in Rochester.

"That company (Imanis) will probably grow to occupy a fairly large footprint. This company (Omnis) is less likely to arrive at that point," he said.

In 2015, Peng said, "We hope to build it faster to up to 30 to 50 people as we do more manufacturing. We hope to be able to keep it in downtown Rochester. This is our home."

The group also has a third virtual start-up company called Magnis Therapeutics, which is working on a cancer treatment based on the measles virus.

Having three companies with names that end in "-nis" seemed like a good idea at first, said Russell with chuckle. But now, he admits it might be a bit confusing.

January 07, 2015

Cardio3 buys cancer-fighting firm for $10 million

Cardio3 BioSciences, which works closely with both Mayo Clinic and the City of Rochester, has paid $10 million for the oncology division of a New Hampshire firm.

The Belgium-based Cardio3 agreed to pay Celdara Medical $6 million in cash and $4 million in new shares for the division called OnCyte. Celdara could receive up to $50 million, if its lead product in-development CM-CS1 hLogo_cardio_3its specific development and regulatory milestones.

The same type of payments for milestones could also reach $21 million per product for others in the pipeline. If CM-CS1 reaches market and net sales top $1 billion, Celdara will receive up to $80 million in payments from Cardio3.
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This is Cardio3's second acquisition in recent months. In November, it purchased a virtual company called CorQuest Medical Inc. Corquest is developing a sheath to provide a minimally invasive way to insert therapeutic devices. The CorQuest technology platform is complementary with Cardio3’s C-Cathez and C-Cure systems. Financial terms were not released.

The OnCyte expands Cardio3's reach beyond regenerating cardiac tissue by entering into the rapidly growing immuno-oncology cancer treatment area using chimeric antigen receptor (CAR) T cells. OnCyte's CM-CS1 uses (CAR) technology to destroy cancer tumors. The Federal Drug Administration has cleared CM-CS1 to begin a clinical trial using patients with acute myeloid leukemia /advanced myelodysplastic syndrome and multiple myeloma. Juno Therapeutics, Amgen and Kite Pharma and others are developing products based on this concept.

In an interview with Bloomberg News, Cardio3 CEO Dr. Christian Homsy described acquiring OnCyte as “Our first foray into an area that is of very high interest… It opens a new reach, a new broad area of growth for the company that is of very high value to us and our shareholders.”

Those shareholders include Mayo Clinic, which held 3 percent ownership of Cardio3, as of Aug. 4. Mayo Clinic first acquired equity in Cardio3 in 2007, when it licensed stem cell research by Mayo Clinic's Dr. Andre Terzic and Dr. Atta Behfar. The cardiopoiesis technology uses to repair patients' hearts by re-programming their own stem cell to regenerate cardiac tissue.

When announcing the acquisition, Homsy said that four of Cardio3's top shareholders supported the move. A Belgium family-owned holding company called Tolefi SA is the lead shareholder with 32.23 percent of the shares. The Hong Kong-based Medisun, which is building an office in Rochester, owns 8.08 percent.

In the years since 2007, Mayo Clinic has developed a close working relationship with the Belgian company. Mayo Clinic is leading the U.S. clinical trial of Cardio3 and is using a lab in the Minnesota Biobusiness Center in downtown Rochester.

A possible deal is in the works for Cardio3 to occupy the entire fifth floor of the city-owned Minnesota Biobusiness Center. Gary Smith of the Rochester Economic Development Inc. said the company has not signed a lease yet and some financial details still need to be worked out.

If Cardio3 does decide to occupy the fifth floor, Mayo Clinic will need to move its staff that currently fills the space.

December 18, 2014

Mayo, former exec settle lawsuit

Mayo Clinic has withdrawn its trade secret lawsuit against Dr. Franklin R. Cockerill III, the former CEO of Mayo Medical Labs, as part of a settlement agreement.

The settlement was reached Wednesday, and Mayo Clinic withdrew "with prejudice," meaning it cannot pursue the matter again.

5480ab685c6ed.imageCockerill denied any wrongdoing in the settlement, as he has since the case began in October.

“Although preserving his integrity and professional reputation is of great importance to Dr. Cockerill,” said Nancy Vollertsen, one of Cockerill’s attorneys at Lindquist and Vennum, "the distraction and expense of further litigation became too burdensome for Dr. Cockerill and his family.”

Bryan Anderson of Mayo Clinic also issued a statement about the settlement this morning.

"Mayo Clinic did not take this action lightly. However, we firmly believe that legal action was necessary to protect our confidential and trade secret information against improper disclosure," the statement says.

As part of the settlement, Cockerill agreed not to work or consult for Mayo’s largest competitors for two years. He also agreed to return all information he took from Mayo Clinic and pay a portion of Mayo Clinic's legal expenses.

In October, Mayo Clinic filed suit against Cockerill, of Rochester, alleging misappropriation of trade secrets and breach of contract. The suit alleged Cockerill covertly accepted a job in June with Quest Diagnostics, a major competitor of Mayo Medical Labs. He had told Mayo Clinic he was retiring at the end of September to help his 85-year-old mother run her fertilizer business in Nebraska. On Oct. 1, he took the position of vice president and chief laboratory officer at Quest.

Mayo Clinic soon filed the lawsuit, alleging Cockerill had misrepresented his departure and had left with clinic-owned memory sticks with data downloaded from his work station. A restraining order was granted that prevented him from working at Quest. The order claimed he could cause "irreparable harm" to Mayo Clinic by working there.

Earlier this month, Cockerill officially resigned from Quest. He had worked for the New Jersey-based multibillion dollar company only from Oct. 1 to Oct. 14.

In a statement from his lawyers following the settlement, Cockerill said he "maintains that he was a loyal Mayo employee throughout his employment and had no intention of harming Mayo, where he had worked for over 30 years and which employs several members of his family. He was dismayed that Mayo did not offer him the opportunity to explain his actions but instead summarily sued him for presumptive misuse of confidential information, forcing him to expend considerable resources to defend his integrity and professional reputation.”

Mayo Clinic defended taking the unusual step of filing a very public lawsuit.

"We understand that our staff members move to other organizations, and, when they do so in a transparent manner, we can cooperatively manage any conflicts-of-interest during their transition, and we can protect our confidential and trade secret information,” it said in a statement.

December 04, 2014

Ex-Mayo exec resigns from Quest, but lawsuit continues

The doctor being sued by Mayo Clinic for allegedly stealing trade secrets has resigned from his job at Mayo competitor, Quest Diagnostics.

CockerillDr. Franklin R. Cockerill III, the former CEO of the for-profit Mayo Medical Labs, resigned from his position as vice president and chief laboratory officer with Quest on Wednesday, according to Nancy Brostrom Vollertsen, a Minneapolis attorney representing him.

His acceptance of that job on Oct. 1 spurred Mayo Clinic to file a lawsuit against Cockerill alleging misappropriation of trade secrets and breach of contract. Cockerill officially worked at Quest only from Oct. 1 to Oct. 14. On Oct. 14, Olmsted County Judge Robert Birnbaum granted a temporary restraining order preventing him from working, because he could cause "irreparable harm" to Mayo Clinic.

Quest filed a motion to withdraw from the case on Tuesday, since it "…No longer has a 'substantial interest' in this litigation that justifies or requires its continued participation." Mayo Clinic issued a statement Thursday saying it had settled with Quest in the wake of Cockerill's resignation.

"Mayo is not pursuing any claims against Quest. We continue to pursue our remaining claims (against Cockerill) to protect our confidential trade secrets against improper disclosure," according to the statement released by Bryan Anderson.
08-18 Frank Cockerill 2 ols
While Quest is no longer a factor in the case, the Mayo Clinic's lawsuit again Cockerill continues to move forward. A hearing is scheduled for Dec. 22 in Olmsted County Court.

The lawsuit alleges that Cockerill covertly accepted the job in June, but he told Mayo Clinic that he was retiring at the end of September to help his 85-year-old mother run her fertilizer business in Nebraska. From June to September, he continued to work at Mayo Medical Labs, attending confidential meetings and negotiating contracts. The complaint filed by Mayo Clinic also claims that Cockerill was in communication with Quest throughout his final months and he left with clinic-owned memory sticks with data downloaded from his work station.

On Oct. 1, he stepped into the position of vice president and chief laboratory officer with New Jersey-based Quest Diagnostics Inc., a multibillion-dollar public company.

Cockerill released a statement through his attorney in response to Mayo allegations that said, "He opted for early retirement at the Mayo Clinic's invitation and is not subject to any non-compete or other agreement that would limit his activities after leaving Mayo."

He filed an affidavit in November, which was later withdrawn, that stated that Cockerill was "confused and disappointed" by Mayo Clinic's legal action against him. It also stated that he did not tell Mayo Clinic leaders about his plans, because he "feared retribution against himself and his family."

Mayo Clinic responded that Cockerill's case was different than other executives who have left to work for competitors.

"… We understand that our staff members move to other organizations, and, when they do so in a transparent manner, we can manage any conflicts-of-interest during their transition, and we can protect our confidential information and trade secrets," stated Mayo's Anderson by email. "Dr. Cockerill was not transparent and did not report his conflict of interest."

November 14, 2014

Ex-Mayo doc "feared retribution against himself and his family"

It has been an interesting week in the Mayo Clinic vs Dr. Franklin Cockerill legal tussle. So Cockerill's lawyers filed a motion Wednesday to modify the temporary restraining order that blocks Cockerill from working for Quest Diagnostics PLUS a detailed affidavit from Cockerill explaining his side of the case.

So the PB court reporter Kay Fate printed out the documents for me on Thursday and I wrote an article based on the filings last night. The twist here is that Cockerill's legal team withdrew the filings Thursday, after we printed them out.

The upshot is that my article is still running today in the PB. Here's some of it. The full piece is in today's paper:

A former Mayo Clinic doctor and executive said he did not tell Dr. John Noseworthy about his plans to work for a Mayo competitor because he "feared retribution against himself and his family."

CockerillDr. Franklin R. Cockerill III, the former CEO of Mayo Medical Labs, took early retirement at the end of September. However, instead of retiring, he stepped into a new job on Oct. 1 with Quest Diagnostics Inc.

The clinic filed a lawsuit against Cockerill over his decision to not tell Mayo Clinic he had been hired by a competitor; he told co-workers he intended to run his elderly mother's farming business.

The suit claims he misled everyone so he could acquire sensitive competitive information for his new employer. As part of that suit, a temporary restraining order was issued on Oct. 14 that prevented him from working at Quest because he could cause "irreparable harm" to Mayo Clinic.

Members_009-questCockerill filed a motion Wednesday to modify that order to allow him begin his role as Quest's chief lab officer because the person he is to replace will retire at the end of December. However, his lawyers withdrew the filing on Thursday and also withdrew an affidavit that detailed his version of the events surrounding his departure from Mayo after a more than 30-year career there.

However, the withdrawal came after the Post-Bulletin obtained a copy of the affidavit.

"It is now plain that the draconian restrictions that Plaintiffs obtained from this Court and that Dr. Cockerill had no opportunity to oppose are not consistent with Minnesota law and are entirely inappropriate," according to the original filing made by his lawyers from the Minneapolis firm of Lindquist & Vennum.

Cockerill contends Mayo Clinic had approached him with an attractive early retirement offer as his final two-year term as a department head was coming to an end. When asked for a response, Mayo Clinic denied that.

"Claims of an early retirement offer are completely false, and we were prepared to file documentation to prove it," said Mayo spokesman Bryan Anderson this morning.

In his affidavit, Cockerill says he announced his retirement in July, with plans to help his mother, and then he was asked by a Quest recruiter to interview for a position there. He eventually accepted a job with the condition that he work from Rochester, instead of the company's New Jersey headquarters.

Cockerill stressed in his filing he did not make the change to make more money. Mayo Medical Labs is the third largest laboratory company in U.S. and generates "a significant proportion of Mayo's profits." He had made about $580,000 a year at Mayo Clinic. At Quest, he will earn an annual salary of $400,000.

"I left my employment at Mayo reluctantly and only due to the convergence of several factors that arose as I enter the last stages of my professional career," he wrote in the filing. "Finally, in addition to limitation on the role I could still play at Mayo, my interest in the Quest position, and the attractive Mayo early-retirement offer, my decision to change employment was also influenced by my belief that the environment at Mayo had negatively changed over the past five years. Staff satisfaction has declined, burnout has significantly increased, and many people have grown afraid to speak up and voice their opinions."