On February 4, 2015, the district court for the Eastern District of Virginia (Richmond Division) issued a decision granting the Defendant’s, Boston Heart Diagnostics Corporation’s, Motion to stay the proceedings pending the completion of an Inter Partes Review (IPR) at the United States Patent and Trademark Office. The patent-in-suit for both the instant action and the IPR is U.S. Patent No. 8,119,358 (“the ‘358 Patent”), which is drawn to methods of using biomarkers for evaluating the risk of an individual in developing a diabetic condition. The Plaintiff, Health Diagnostic Laboratory, filed the underlying suit in November of 2014, asserting patent infringement of the ‘358 Patent by the Defendant through their use, sale, or offer for sale of its Boston Heart Prediabetes Assessment™ tool. The case remains pending in the Eastern District of Virginia and is captioned 3-14-cv-00796.
By: Jacqueline A. DiRamio