Notable Successes

Gabrielle E. Higgins

Theodoros Konstantakopoulos Ph.D.

Brian D. Matty

Desmarais LLP defeated an attempt to invalidate client Ravgen’s prenatal genetic testing patent before the Patent Trial and Appeal Board. The PTAB ruled in favor of Ravgen on 19 claims LabCorp had challenged as unpatentable, finding the patent’s innovations were not obvious based on prior art.
 
“After considering the parties’ arguments and evidence, we determine that Petitioner [LabCorp] has not proved by a preponderance of the evidence that the challenged claims are unpatentable,” the three-judge PTAB panel wrote in a decision on December 12, 2022.
 
The ruling represents Desmarais LLP’s second win for Ravgen’s prenatal genetic testing technology before the PTAB. In addition to the recent victory (for patent No. 7,727,720), Desmarais LLP secured a clean sweep in another inter partes review on November 1, 2022, defeating 37 claims LabCorp had challenged as unpatentable involving a separate Ravgen patent (No. 7,332,277).
 
Those PTAB victories help preserve an earlier win at trial. On September 23, 2022, Desmarais LLP led Ravgen to a $272.5 million jury verdict against LabCorp in the Western District of Texas. The jury found that LabCorp’s MaterniT and informaSeq fetal genetic testing products willfully infringed Ravgen’s patent, which also led Desmarais LLP to seek enhanced damages.
 
In separate litigation involving the prenatal genetic testing patents, Desmarais LLP secured settlements for Ravgen with PerkinElmer and Quest Diagnostics.
 
The Desmarais LLP team representing Ravgen before the PTAB included partner Gabrielle Higgins, of counsel Theodoros Konstantakopoulos, and associates Brian Matty and Peter Zhu.
 
Law360 – “Ravgen Fetal DNA Testing Patent Survives PTAB Review”
ALM/Law.com – “PTAB Not a Problem for Ravgen Verdict”
GenomeWeb – “Ravgen's NIPT Patents Found Valid in Administrative Challenge” (subscription required)

Gabrielle E. Higgins

Theodoros Konstantakopoulos Ph.D.

Brian D. Matty