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AbCellera announces U.S. Patent Office appeal board upholds patent
The Fly

AbCellera announces U.S. Patent Office appeal board upholds patent

The company states: "AbCellera announced that the United States Patent and Trademark Office’s Patent Trial and Appeal Board has ruled in favor of AbCellera in an Inter Partes Review filed by Berkeley Lights that challenged AbCellera’s U.S. Patent No. 10,087,408. AbCellera’s ‘408 Patent is directed to microfluidic devices and using such devices to culture cells, monitor a response, and recover selected cells. The IPR proceeding stems from AbCellera and the University of British Columbia (UBC) suing Berkeley Lights for patent infringement currently pending in the United States District Court for the Northern District of California. In response to AbCellera’s infringement claims, Berkeley Lights filed three separate petitions with the PTAB seeking to invalidate multiple patents. The PTAB previously rejected two of Berkeley Lights’ petitions, disagreeing that certain challenged claims were invalid. Berkeley Lights challenged the claims of the ‘408 Patent alleging invalidity based on anticipation and obviousness over the prior art. In response to claims against the ‘408 patent, AbCellera and UBC opposed institution and after oral argument, the PTAB rejected all of Berkeley Lights’ arguments and confirmed that all claims of AbCellera’s ‘408 Patent are valid."

Published first on TheFly

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