The Patent Trial and Appeal Board upheld Desmarais LLP client Ravgen’s prenatal genetic testing patents, rejecting the biotechnology company Illumina’s claims that the technology covering cell-free fetal DNA screening during pregnancy was unpatentable.
This is Desmarais LLP’s most recent victory in a series of decisions upholding Ravgen’s patents (Nos. 7,332,277 and 7,727,720) before the PTAB. The firm defeated LabCorp’s inter partes review challenges in three rulings issued November 1, 2022 and December 12, 2022. Illumina brought its two IPR challenges in July 2021.
The rulings preserve the technology that underpins a $272.5 million jury verdict and finding of willful infringement that Desmarais LLP won for Ravgen in the Western District of Texas on September 23, 2022. At trial, the jury awarded Ravgen’s full royalty request of $100 for each infringing unit of LabCorp’s fetal DNA testing products, MaterniT and informaSeq, that were sold during the relevant time period. In separate litigation related to the patents, Desmarais LLP secured settlements for Ravgen with PerkinElmer and Quest Diagnostics.
The Desmarais LLP team representing Ravgen before the PTAB includes partners Gabrielle Higgins and Brian Matty, of counsel Theodoros Konstantakopoulos, and associate Peter Zhu.
Law360 - "PTAB Upholds Testing Patents After Ravgen's $272M Jury Win" (subscription required)
GenomeWeb – “Ravgen NIPT Patents Withstand Illumina Challenge” (subscription required)
Law360 IP Practice Group of the Year Award Highlights Desmarais LLP’s Trial Wins, Training Program
Accolades
Law360 named Desmarais LLP a 2022 Intellectual Property Practice Group of the Year, highlighting the firm’s associate training program and its key role in a $272.5 million trial victory, as...
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