The Patent Trial and Appeal Board upheld the 37 challenged claims of Desmarais LLP client Ravgen’s prenatal genetic testing patent. The Board found that LabCorp did not demonstrate that those claims are unpatentable, thereby preserving Desmarais LLP’s recent $272.5 million jury verdict against LabCorp.
The PTAB ruling was a complete win for Ravgen. In two separate judgments, the Board rejected all of LabCorp’s claims that Ravgen’s prenatal genetic testing technology was unpatentable.
“The board credited testimony from Ravgen's expert, along with its evidence in the case, saying it was more persuasive than LabCorp's ‘comparatively weak showing’ that skilled artisans would have been motivated to undertake the proposed prior art combination,” Law360 reported.
On September 23, 2022, a jury in the Western District of Texas found LabCorp’s MaterniT and informaSeq fetal genetic testing products willfully infringed Ravgen’s patent. LabCorp had sold more than 2.7 million of the tests during the relevant time period, which led to the $272.5 million verdict. Based on the jury’s willful infringement finding, Desmarais LLP is seeking enhanced damages from the district court. A few weeks later, Desmarais LLP and Ravgen secured a settlement with Quest Diagnostics in a lawsuit involving the same patent and prenatal genetic testing technology. The parties reached that settlement just before a trial was set to begin in Los Angeles federal court.
The Desmarais LLP team representing Ravgen before the PTAB included partners Yung-Hoon (Sam) Ha and Gabrielle Higgins; of counsel Theodoros Konstantakopoulos and Michael Stramiello; and associates Brian Matty and Peter Zhu.
Law360 – “PTAB Upholds IP Involved In $272M Genetic Testing Verdict”
Desmarais LLP Earns 2023 ‘Best Law Firms’ Rankings in IP, Patent Litigation
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The 2023 U.S. News – Best Lawyers guide named Desmarais LLP a top-tier law firm in Litigation - Intellectual Property, Litigation - Patent, and Patent Law in its annual “Best Law Firms”...
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