On April 18, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by Hologic, Inc. (“Petitioner”). In the decision, the Board denied the institution of the inter partes review, which involved the patentability of claims 123 and 155-158 recited in U.S. Patent No. 6,221,581 (“the ‘581 Patent”). The ‘581 Patent is owned by Enzo Life Sciences, Inc. and is drawn to nucleic acid detection technology to diagnose genetic defects. In the decision, the Board denied the institution of the inter partes review because the Petitioner had not demonstrated a reasonable likelihood of prevailing in showing that the challenged claims were unpatentable under 35 U.S.C. §§ 102 and/or 103. The inter partes review remains pending at the Board and is captioned IPR2018-00019.
By: Jacqueline A. DiRamio