|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
"Qosmos has launched L7Viewer, a network traffic analysis tool, so it analyzes all the traffic between the virtual machine and the data center and the virtual machine and the external world," stated Sebastien Synold, Product Line Manager at Qosmos, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 11:00 AM EST Reads: 849
"Coalfire is a cyber-risk, security and compliance assessment and advisory services firm. We do a lot of work with the cloud service provider community," explained Ryan McGowan, Vice President, Sales (West) at Coalfire Systems, Inc., in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 11:00 AM EST Reads: 970
An IoT product’s log files speak volumes about what’s happening with your products in the field, pinpointing current and potential issues, and enabling you to predict failures and save millions of dollars in inventory. But until recently, no one knew how to listen. In his session at @ThingsExpo, Dan Gettens, Chief Research Officer at OnProcess, discussed recent research by Massachusetts Institute of Technology and OnProcess Technology, where MIT created a new, breakthrough analytics model for ...
Dec. 8, 2016 10:30 AM EST Reads: 520
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Dec. 8, 2016 10:30 AM EST Reads: 7,292
Keeping pace with advancements in software delivery processes and tooling is taxing even for the most proficient organizations. Point tools, platforms, open source and the increasing adoption of private and public cloud services requires strong engineering rigor - all in the face of developer demands to use the tools of choice. As Agile has settled in as a mainstream practice, now DevOps has emerged as the next wave to improve software delivery speed and output. To make DevOps work, organization...
Dec. 8, 2016 10:05 AM EST Reads: 126
SYS-CON Events announced today that Dataloop.IO, an innovator in cloud IT-monitoring whose products help organizations save time and money, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Dataloop.IO is an emerging software company on the cutting edge of major IT-infrastructure trends including cloud computing and microservices. The company, founded in the UK but now based in San Fran...
Dec. 8, 2016 10:00 AM EST Reads: 580
Successful digital transformation requires new organizational competencies and capabilities. Research tells us that the biggest impediment to successful transformation is human; consequently, the biggest enabler is a properly skilled and empowered workforce. In the digital age, new individual and collective competencies are required. In his session at 19th Cloud Expo, Bob Newhouse, CEO and founder of Agilitiv, drew together recent research and lessons learned from emerging and established compa...
Dec. 8, 2016 10:00 AM EST Reads: 978
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Dec. 8, 2016 09:45 AM EST Reads: 1,918
Whether your IoT service is connecting cars, homes, appliances, wearable, cameras or other devices, one question hangs in the balance – how do you actually make money from this service? The ability to turn your IoT service into profit requires the ability to create a monetization strategy that is flexible, scalable and working for you in real-time. It must be a transparent, smoothly implemented strategy that all stakeholders – from customers to the board – will be able to understand and comprehe...
Dec. 8, 2016 09:30 AM EST Reads: 590
DevOps is being widely accepted (if not fully adopted) as essential in enterprise IT. But as Enterprise DevOps gains maturity, expands scope, and increases velocity, the need for data-driven decisions across teams becomes more acute. DevOps teams in any modern business must wrangle the ‘digital exhaust’ from the delivery toolchain, "pervasive" and "cognitive" computing, APIs and services, mobile devices and applications, the Internet of Things, and now even blockchain. In this power panel at @...
Dec. 8, 2016 09:15 AM EST Reads: 929
"We are a leader in the market space called network visibility solutions - it enables monitoring tools and Big Data analysis to access the data and be able to see the performance," explained Shay Morag, VP of Sales and Marketing at Niagara Networks, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 09:12 AM EST Reads: 193
"We analyze the video streaming experience. We are gathering the user behavior in real time from the user devices and we analyze how users experience the video streaming," explained Eric Kim, Founder and CEO at Streamlyzer, in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 8, 2016 09:00 AM EST Reads: 584
In his session at Cloud Expo, Robert Cohen, an economist and senior fellow at the Economic Strategy Institute, provideed economic scenarios that describe how the rapid adoption of software-defined everything including cloud services, SDDC and open networking will change GDP, industry growth, productivity and jobs. This session also included a drill down for several industries such as finance, social media, cloud service providers and pharmaceuticals.
Dec. 8, 2016 09:00 AM EST Reads: 459
Extracting business value from Internet of Things (IoT) data doesn’t happen overnight. There are several requirements that must be satisfied, including IoT device enablement, data analysis, real-time detection of complex events and automated orchestration of actions. Unfortunately, too many companies fall short in achieving their business goals by implementing incomplete solutions or not focusing on tangible use cases. In his general session at @ThingsExpo, Dave McCarthy, Director of Products...
Dec. 8, 2016 08:45 AM EST Reads: 887
@DevOpsSummit at Cloud taking place June 6-8, 2017, at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long developm...
Dec. 8, 2016 08:45 AM EST Reads: 1,871