The Patent Trial and Appeal Board has upheld all claims of a Ravgen patent challenged by Streck, a Nebraska-based manufacturer of laboratory products who was seeking to invalidate Desmarais LLP client Ravgen’s prenatal genetic testing technology.
The PTAB ruling, issued on April 18, 2023, is the last in a series of inter partes review challenges against Ravgen’s patents (Nos. 7,332,277 and 7,727,720), which cover methods used for non-invasive cell-free DNA screening. The PTAB proceedings have included ten IPR petitions, eight instituted IPRs, five oral arguments, and six final written decisions. In each decision, the PTAB ruled that all challenged claims in Ravgen’s patents were patentable.
In 2020, Desmarais LLP filed eight lawsuits on behalf of Ravgen, a Maryland-based biotechnology firm, involving the two patents at issue in the PTAB proceedings. During the past six months, Desmarais LLP has defeated similar challenges brought by Illumina and LabCorp against Ravgen’s patents before the PTAB. In addition to protecting the patents, the wins preserved a $272.5 million jury verdict and a finding of willful infringement against LabCorp that Desmarais LLP earned for Ravgen in September 2022. Desmarais LLP has also helped Ravgen reach settlements related to the patents with Illumina, PerkinElmer and Quest Diagnostics.
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.
Law360 – “PTAB Upholds DNA Testing Patents Key To $272M Ravgen Win”
GenomeWeb – “Ravgen Prevails over Streck in Patent Challenge” (subscription required)
IAM – “Ravgen continues winning streak in big-money patent assertion campaign” (subscription required)
Bloomberg Law – “Case: Patents/Anticipation & Obviousness (P.T.A.B.) – Streck v. Ravgen” (subscription required)
Desmarais LLP Secures Patent Litigation Settlement for Ravgen
Patent Litigation for the Plaintiff
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,...
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