Notable Successes

Desmarais LLP secured three wins before the Federal Circuit that upheld the patented technology behind $429.5 million in damages the firm has won in district court actions involving Ravgen’s non-invasive prenatal genetic testing technology.
 
In separate decisions on January 6, 2025, January 22, 2025, and January 29, 2025 the Federal Circuit affirmed Desmarais LLP’s wins before the Patent Trial and Appeal Board (PTAB), rejecting all invalidity challenges from Labcorp and Streck against Ravgen’s patent (Nos. 7,332,277 and 7,727,720). The Ravgen patents covered a pioneering method used to analyze cell-free fetal DNA taken from maternal blood during the early stages of pregnancy to assess chromosomal conditions. In its rulings, the Federal Circuit upheld the PTAB’s decisions for Ravgen finding all challenged claims patentable. Desmarais LLP partner Brian Matty argued on behalf of Ravgen in the three appeals before the Federal Circuit.
 
Desmarais LLP previously defeated all challenges to Ravgen’s prenatal genetic testing technology before the PTAB, which included ten petitions filed by four different challengers beginning in April 2021, eight cases where inter partes reviews were instituted, five oral arguments before the PTAB, and six final written decisions. The PTAB issued its last decision in those cases in April 2023, ruling in favor of Ravgen and upholding all challenged claims.
 
Additionally, Desmarais LLP won two trials in the Western District of Texas for Ravgen’s technology, where the firm secured $429.5 million in patent infringement damages, including $372.5 million against Labcorp (a $272.5 million jury verdict in September 2022 and a $100 million post-trial enhancement in May 2023) as well as a $57 million jury verdict against Natera in January 2024.
 
The Desmarais LLP team representing Ravgen in the PTAB appeals includes Brian Matty, Gabrielle Higgins, Kerri-Ann Limbeek, and John Desmarais.
 
Law360 – "Labcorp Can't Flip Patent Board Loss At Fed. Circ." (subscription required)
Law360 – “Labcorp Loses Appeal Of Gene-Testing Patent In $372M Case” (subscription required)
Law360 – “Law360's Legal Lions Of The Week” (subscription required)
Law360 - "Fed. Circ. Backs Ravgen's Genetic Testing Patent" (subscription required)
Bloomberg Law – “Fed. Cir. Upholds Ravgen DNA Test Patent Challenged by Labcorp” (subscription required)
IAM – “Ravgen’s David-v-Goliath campaigns highlight drawbacks of US patent system” (subscription required)
Life Sciences Intellectual Property Review – “Labcorp's bid to invalidate Ravgen's DNA testing patent hits roadblock” (subscription required)
 

John M. Desmarais

Gabrielle E. Higgins

Kerri-Ann Limbeek

Brian D. Matty