PTAB Cancels CDX Diagnostics, Inc.’s Patent Covering a Method of Obtaining a Transepithelial Specimen

October 19, 2015 – Patent Trial and Appeal Board Administrative Patent Judge Scott A Daniels issued a decision on October 15, 2015, cancelling  CDX Diagnostics, Inc.’s U.S. Patent No. 6,258,044, entitled “Apparatus and Method for Obtaining Transepithelial Specimen of a Body Surface Using a Non-Lacerating Technique” in Case IPR2014-00642.  In view of the prior art references submitted by the Petitioner, APJ Daniels, along with panel members Phillip J. Kauffman and Barry L. Grossman, found, by a preponderance of the evidence, that certain claims of the ‘044 Patent were anticipated and other claims were obvious.

By: Giancarlo L. Scaccia

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