|By PR Newswire||
|August 18, 2014 05:25 PM EDT||
WASHINGTON, Aug. 18, 2014 /PRNewswire/ -- Sterne, Kessler, Goldstein & Fox P.L.L.C., an intellectual property law firm in Washington, DC, announced today that it has filed eleven petitions for Inter Partes Review (IPR) with the U.S. Patent and Trademark Office (USPTO) on behalf of GeneDx, Inc., a subsidiary of BioReference Laboratories, Inc. (Nasdaq: BRLI). These IPR petitions aim to nullify eleven patents owned, co-owned, or licensed by Myriad Genetics, Inc. These patents have been asserted against GeneDx in patent infringement litigation initiated in the United States District Court for the District of Utah on October 17, 2013.
The patents at issue all deal with three genes involved in the diagnosis of cancer – two of the genes related to breast cancer (BRCA1 and BRCA2), and the third related to colon cancer (MUTYH). Myriad is presently involved in consolidated patent litigation against seven companies, including GeneDx, each of which is alleged to infringe one or more of a large portfolio of patents on these three genes.
"Myriad is attempting to prevent GeneDx and others from conducting tests involving these genes to identify the molecular basis of inherited cancer," said Jorge A. Goldstein, Director at Sterne Kessler. "These IPR filings by GeneDx are the first, and so far, only use of the novel IPR procedure by any of the defendants in the Myriad litigation."
IPR is a relatively new procedure established by the America Invents Act of 2011 as a means to challenge patentability at the USPTO based on prior art grounds. The patents will continue being challenged in the Federal District Court proceeding on additional grounds. Such grounds include lack of patent eligibility for isolated DNA sequences or for diagnostic correlations consistent with two recent decisions of the U.S. Supreme Court: Association for Molecular Pathology v Myriad Genetics (2013) and Mayo Clinic v Prometheus (2012). The IPR proceedings will proceed in parallel with the litigations.
Sterne Kessler Director Eldora L. Ellison explains further, "The use of IPRs as a parallel procedure in patent litigation is a proven method to deal with highly technical issues involving prior art because the USPTO has expertise in adjudicating technical matters. IPR is an accelerated procedure typically completed within 18 months of filing; and in contrast to invalidation challenges in federal court, the burden of proof on the challenger is by a preponderance of the evidence, not by clear and convincing evidence. Finally, the patents are not presumed valid at the USPTO during an IPR as they are in federal court."
In filing these IPRs on behalf of GeneDx, Sterne Kessler joined the forces of its Trial Litigation Team with the firm's USPTO Litigation Group. The eleven patents involved are: U.S. Patent Nos. 5,654,155; 5,753,441; 6,033,857; 6,051,379; 6,083,698; 6,951,721; 7,470,510; 7,563,571; 7,622,258; 7,670,776, and 7,838,237.
Sterne, Kessler, Goldstein & Fox P.L.L.C. - Strategists and Advisors specializing in the protection, transfer and enforcement of Intellectual Property Rights. Founded in 1978 and based in Washington, DC, the firm has over 170 patent attorneys, agents and technical specialists representing a broad range of clients, including emerging and established companies, venture capital firms, universities and select individuals.
SOURCE Sterne, Kessler, Goldstein & Fox
Oct. 9, 2015 05:45 AM EDT
Oct. 9, 2015 05:45 AM EDT
Too often with compelling new technologies market participants become overly enamored with that attractiveness of the technology and neglect underlying business drivers. This tendency, what some call the “newest shiny object syndrome,” is understandable given that virtually all of us are heavily engaged in technology. But it is also mistaken. Without concrete business cases driving its deployment, IoT, like many other technologies before it, will fade into obscurity.
Oct. 9, 2015 05:45 AM EDT
There are many considerations when moving applications from on-premise to cloud. It is critical to understand the benefits and also challenges of this migration. A successful migration will result in lower Total Cost of Ownership, yet offer the same or higher level of robustness. Migration to cloud shifts computing resources from your data center, which can yield significant advantages provided that the cloud vendor an offer enterprise-grade quality for your application.
Oct. 9, 2015 05:30 AM EDT Reads: 244
The IoT is upon us, but today’s databases, built on 30-year-old math, require multiple platforms to create a single solution. Data demands of the IoT require Big Data systems that can handle ingest, transactions and analytics concurrently adapting to varied situations as they occur, with speed at scale. In his session at @ThingsExpo, Chad Jones, chief strategy officer at Deep Information Sciences, will look differently at IoT data so enterprises can fully leverage their IoT potential. He’ll sha...
Oct. 9, 2015 05:15 AM EDT Reads: 498
Today air travel is a minefield of delays, hassles and customer disappointment. Airlines struggle to revitalize the experience. GE and M2Mi will demonstrate practical examples of how IoT solutions are helping airlines bring back personalization, reduce trip time and improve reliability. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Dr. Sarah Cooper, M2Mi's VP Business Development and Engineering, will explore the IoT cloud-based platform technologies driv...
Oct. 9, 2015 05:15 AM EDT
In today's digital world, change is the one constant. Disruptive innovations like cloud, mobility, social media, and the Internet of Things have reshaped the market and set new standards in customer expectations. To remain competitive, businesses must tap the potential of emerging technologies and markets through the rapid release of new products and services. However, the rigid and siloed structures of traditional IT platforms and processes are slowing them down – resulting in lengthy delivery ...
Oct. 9, 2015 05:00 AM EDT Reads: 1,007
The modern software development landscape consists of best practices and tools that allow teams to deliver software in a near-continuous manner. By adopting a culture of automation, measurement and sharing, the time to ship code has been greatly reduced, allowing for shorter release cycles and quicker feedback from customers and users. Still, with all of these tools and methods, how can teams stay on top of what is taking place across their infrastructure and codebase? Hopping between services a...
Oct. 9, 2015 05:00 AM EDT Reads: 489
Oct. 9, 2015 04:45 AM EDT
Oct. 9, 2015 04:15 AM EDT
DevOps and Continuous Delivery software provider XebiaLabs has announced it has been selected to join the Amazon Web Services (AWS) DevOps Competency partner program. The program is designed to highlight software vendors like XebiaLabs who have demonstrated technical expertise and proven customer success in DevOps and specialized solution areas like Continuous Delivery. DevOps Competency Partners provide solutions to, or have deep experience working with AWS users and other businesses to help t...
Oct. 9, 2015 04:00 AM EDT Reads: 216
Oct. 9, 2015 04:00 AM EDT Reads: 281
The broad selection of hardware, the rapid evolution of operating systems and the time-to-market for mobile apps has been so rapid that new challenges for developers and engineers arise every day. Security, testing, hosting, and other metrics have to be considered through the process. In his session at Big Data Expo, Walter Maguire, Chief Field Technologist, HP Big Data Group, at Hewlett-Packard, will discuss the challenges faced by developers and a composite Big Data applications builder, foc...
Oct. 9, 2015 04:00 AM EDT Reads: 499
Oct. 9, 2015 04:00 AM EDT Reads: 565
Oct. 9, 2015 04:00 AM EDT Reads: 222