Defense to Myriad Patent Infringement Claim Now Moved to Patent Trial and Appeal Board

A recent Bloomberg BNA Patent, Trademark & Copyright Law Daily Bulletin highlighted Sterne Kessler’s filing of 11 petitions for inter partes review on behalf of GeneDx, Inc., a subsidiary of BioReference Laboratories, Inc. The petitions challenge 11 different patents Myriad claims were infringed by GeneDx in parallel patent litigation. The patents at issue are related to the BRCA1, BRCA2, and MUTYH genes associated with diagnosing occurrences of breast, ovarian, and colon cancer. The 11 IPR petitions cite prior art that the USPTO failed to consider in the original patent examinations.

Eldora L. Ellison, Ph.D. is the lead attorney on the petitions directed against the BRCA1/2 related patents, and Deborah Sterling, Ph.D. leads the petitions related to the MUTYH related patents.

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