Notable Successes

On Sept 23, 2022, Desmarais LLP won a $272.5 million jury verdict—and a finding of willful infringement—on behalf of Maryland-based biotech company Ravgen against testing-industry giant LabCorp. At the conclusion of the one-week trial, the jury returned a full plaintiff's verdict, finding that LabCorp had willfully infringed Ravgen's non-invasive prenatal genetic testing patent, and awarding Ravgen its full royalty request of $100 for each infringing unit, totaling $272.5 million in damages through trial.
 
Ravgen’s patent (No. 7,332,277) covers cell-free fetal DNA screening used during the early stages of pregnancy. The jury found that Ravgen’s patent covered LabCorp’s fetal DNA testing products, MaterniT and informaSeq. Labcorp sold more than 2.7 million of those products tests during the relevant time period.
 
"We're very pleased with the jury's decision. The verdict demonstrates the originality of Ravgen's patent, which was foundational for the creation of non-invasive prenatal genetic testing,” said John Desmarais, founding partner of Desmarais LLP and lead counsel for Ravgen. “The verdict is a critical step in Ravgen receiving credit for its significant contribution to genetic testing technology."
 
Desmarais LLP originally filed the lawsuit on behalf of Ravgen in October 2020. Desmarais LLP earned several key victories along the way, including defeating LabCorp’s attempt to move the case to the Southern District of California. Also, after rigorous cross examination by Desmarais LLP lawyers, LabCorp dropped its invalidity defense. Throughout the pendency of the case, including at trial, several junior Desmarais LLP attorneys played key roles and were essential to achieving this tremendous result.

On October 7, 2022, in a separate case related to the same non-invasive prenatal testing technology, Desmarais LLP secured a settlement for Ravgen with Quest Diagnostics. Desmarais LLP negotiated the agreement, which ended Ravgen's litigation against Quest, days before a trial was set to begin in Los Angeles federal court. The settlement came just two weeks after the $272.5 million jury verdict and finding of willful infringement against LabCorp.
 
The Desmarais LLP trial team included partner and lead counsel John Desmarais, partner Kerri-Ann Limbeek, and associates Benjamin Luehrs, Kyle Petrie, Joze Welsh, Jun Tong, and Deborah Mariottini.
 
Law360 - "Jury Says LabCorp Owes $272M For Infringing Prenatal Test IP" 
Law360 - "Quest Settles Ravgen Prenatal Patent Suit On Eve Of Trial"
Law360 - "PTAB Upholds IP Involved In $272M Genetic Testing Verdict" (subscription required)
ALM/Law.com - "Desmarais Leads Ravgen to $272 Million Verdict"
ALM/Law.com - "Litigator of the Week Runners-Up and Shout Outs"
Bloomberg Law - "LabCorp Owes Ravgen $273 Million Over Prenatal Test Patents"
Bloomberg Law - "Case: Patents/Obviousness (P.T.A.B)" (subscription required)
Reuters - "Quest faces next Ravgen DNA testing patent trial after $272 mln Labcorp verdict"
Reuters - "Quest Diagnostics agrees to settlement of DNA-test patent dispute"
IAM - "Waco jury awards $273 million damages in first battle of David-v-Goliaths licensing campaign" (subscription required)

John M. Desmarais

Kerri-Ann Limbeek

Benjamin N. Luehrs

Deborah J. Mariottini

Kyle G. Petrie

Jun H. Tong

Joze Welsh