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