U.S. Endoscopy Grp., Inc. v. CDx Diagnostics, Inc., Case IPR2014-00639 & IPR2014-00641 (P.T.A.B., Sep. 14, 2015)

September 17, 2015 – Administrative Patent Judge Phillip J. Kauffman in two September 14, 2015 final written decisions held that U.S. Endoscopy Group, Inc. had demonstrated by a preponderance of evidence that all claims of CDx Diagnostics, Inc.’s U.S. Patent Nos. 6,676,609 and 7,004,913, entitled: “Retractable Brush For Use With Endoscope For Brush Biopsy,” were unpatentable over the prior art based on anticipation and obviousness.  The IPR proceedings are Case IPR2014-00639 and Case IPR2014-00641, respectively.  The technology at issue in the ’609 and ’913 patents relates to a retractable brush used with endoscopes that samples epithelium cells from lesions found from the nose to the throat.  The ’609 and ’913 patents are also the subject of the co-pending litigation CDx Diagnostics, Inc. v.  U.S. Endoscopy Grp., Inc., Case No. 1:13-cv-5669-NSR (S.D.N.Y. 2013).

By: Frederick C. Millett

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