Welcome!

News Feed Item

Sterne Kessler Files 11 IPR Petitions On Behalf Of GeneDx, Inc., Subsidiary Of BioReference Laboratories, Inc.

Petitions aim to nullify cancer gene patents owned, co-owned, or licensed by Myriad Genetics, Inc.

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

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
Predicting the future has never been more challenging - not because of the lack of data but because of the flood of ungoverned and risk laden information. Microsoft states that 2.5 exabytes of data are created every day. Expectations and reliance on data are being pushed to the limits, as demands around hybrid options continue to grow.
"MobiDev is a Ukraine-based software development company. We do mobile development, and we're specialists in that. But we do full stack software development for entrepreneurs, for emerging companies, and for enterprise ventures," explained Alan Winters, U.S. Head of Business Development at MobiDev, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
Your job is mostly boring. Many of the IT operations tasks you perform on a day-to-day basis are repetitive and dull. Utilizing automation can improve your work life, automating away the drudgery and embracing the passion for technology that got you started in the first place. In this presentation, I'll talk about what automation is, and how to approach implementing it in the context of IT Operations. Ned will discuss keys to success in the long term and include practical real-world examples. Ge...
The explosion of new web/cloud/IoT-based applications and the data they generate are transforming our world right before our eyes. In this rush to adopt these new technologies, organizations are often ignoring fundamental questions concerning who owns the data and failing to ask for permission to conduct invasive surveillance of their customers. Organizations that are not transparent about how their systems gather data telemetry without offering shared data ownership risk product rejection, regu...
The best way to leverage your Cloud Expo presence as a sponsor and exhibitor is to plan your news announcements around our events. The press covering Cloud Expo and @ThingsExpo will have access to these releases and will amplify your news announcements. More than two dozen Cloud companies either set deals at our shows or have announced their mergers and acquisitions at Cloud Expo. Product announcements during our show provide your company with the most reach through our targeted audiences.
Bill Schmarzo, author of "Big Data: Understanding How Data Powers Big Business" and "Big Data MBA: Driving Business Strategies with Data Science," is responsible for setting the strategy and defining the Big Data service offerings and capabilities for EMC Global Services Big Data Practice. As the CTO for the Big Data Practice, he is responsible for working with organizations to help them identify where and how to start their big data journeys. He's written several white papers, is an avid blogge...
DevOpsSummit New York 2018, colocated with CloudEXPO | DXWorldEXPO New York 2018 will be held November 11-13, 2018, in New York City. Digital Transformation (DX) is a major focus with the introduction of DXWorldEXPO within the program. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term.
When talking IoT we often focus on the devices, the sensors, the hardware itself. The new smart appliances, the new smart or self-driving cars (which are amalgamations of many ‘things'). When we are looking at the world of IoT, we should take a step back, look at the big picture. What value are these devices providing. IoT is not about the devices, its about the data consumed and generated. The devices are tools, mechanisms, conduits. This paper discusses the considerations when dealing with the...
When building large, cloud-based applications that operate at a high scale, it's important to maintain a high availability and resilience to failures. In order to do that, you must be tolerant of failures, even in light of failures in other areas of your application. "Fly two mistakes high" is an old adage in the radio control airplane hobby. It means, fly high enough so that if you make a mistake, you can continue flying with room to still make mistakes. In his session at 18th Cloud Expo, Le...
Machine learning has taken residence at our cities' cores and now we can finally have "smart cities." Cities are a collection of buildings made to provide the structure and safety necessary for people to function, create and survive. Buildings are a pool of ever-changing performance data from large automated systems such as heating and cooling to the people that live and work within them. Through machine learning, buildings can optimize performance, reduce costs, and improve occupant comfort by ...
Bill Schmarzo, author of "Big Data: Understanding How Data Powers Big Business" and "Big Data MBA: Driving Business Strategies with Data Science" is responsible for guiding the technology strategy within Hitachi Vantara for IoT and Analytics. Bill brings a balanced business-technology approach that focuses on business outcomes to drive data, analytics and technology decisions that underpin an organization's digital transformation strategy.
Business professionals no longer wonder if they'll migrate to the cloud; it's now a matter of when. The cloud environment has proved to be a major force in transitioning to an agile business model that enables quick decisions and fast implementation that solidify customer relationships. And when the cloud is combined with the power of cognitive computing, it drives innovation and transformation that achieves astounding competitive advantage.
Sanjeev Sharma Joins November 11-13, 2018 @DevOpsSummit at @CloudEXPO New York Faculty. Sanjeev Sharma is an internationally known DevOps and Cloud Transformation thought leader, technology executive, and author. Sanjeev's industry experience includes tenures as CTO, Technical Sales leader, and Cloud Architect leader. As an IBM Distinguished Engineer, Sanjeev is recognized at the highest levels of IBM's core of technical leaders.
With 10 simultaneous tracks, keynotes, general sessions and targeted breakout classes, @CloudEXPO and DXWorldEXPO are two of the most important technology events of the year. Since its launch over eight years ago, @CloudEXPO and DXWorldEXPO have presented a rock star faculty as well as showcased hundreds of sponsors and exhibitors! In this blog post, we provide 7 tips on how, as part of our world-class faculty, you can deliver one of the most popular sessions at our events. But before reading...
René Bostic is the Technical VP of the IBM Cloud Unit in North America. Enjoying her career with IBM during the modern millennial technological era, she is an expert in cloud computing, DevOps and emerging cloud technologies such as Blockchain. Her strengths and core competencies include a proven record of accomplishments in consensus building at all levels to assess, plan, and implement enterprise and cloud computing solutions. René is a member of the Society of Women Engineers (SWE) and a m...