Following more than three years of litigation, Desmarais LLP client Ravgen, a Maryland-based biotech company, has reached a settlement to end its prenatal genetic testing patent infringement lawsuit against Illumina, a San Diego-based biotechnology company.
Announced on April 14, 2023, the settlement resolves district court litigation and certain appeals related to Ravgen’s patents (Nos. 7,332,277 and 7,727,720). Those patents cover Ravgen’s non-invasive cell-free fetal DNA screening technology used during the early stages of pregnancy.
The settlement follows Desmarais LLP’s victory on January 25, 2023 for Ravgen before the Patent Trial and Appeal Board, which rejected all of Illumina’s claims that the genetic testing technology was unpatentable. Desmarais LLP also achieved similar victories for Ravgen before the PTAB against LabCorp in late 2022. Those wins preserved the technology that was the basis for Desmarais LLP’s $272.5 million jury verdict and finding of willful infringement for Ravgen against LabCorp in September 2022. Desmarais LLP has now secured settlements for Ravgen with Illumina, PerkinElmer and Quest Diagnostics related to these patents.
The Desmarais LLP team representing Ravgen includes partners John Desmarais, Kerri-Ann Limbeek, Gabrielle Higgins, Yung-Hoon (Sam) Ha, and Brian Matty; of counsel Theodoros Konstantakopoulos; and associates Benjamin Luehrs, Kyle Petrie, Joze Welsh, Jun Tong, Deborah Mariottini, Frederick Ding, and Peter Zhu.
Reuters – “Ravgen settles patent fight with Illumina over genetic testing”
Law360 – “Illumina Latest To Settle Out Of DNA Testing Patent Dispute”
GenomeWeb – “Illumina, Ravgen Settle Patent Lawsuit Over NIPTs” (subscription required)
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