On September 18, 2018, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a decision in an inter partes review regarding a petition filed by Illumina, Inc. (“Petitioner”). In the decision, the Board instituted the inter partes review, which involved the patentability of claims 1 and 2 recited in U.S. Patent No. 9,868,985 (“the ‘985 Patent”). The ‘985 Patent is owned by The Trustees of Columbia University and is drawn to a system and method for DNA sequencing. In the institution decision, the Board granted the institution of the inter partes review because the Petitioner had demonstrated a reasonable likelihood of prevailing in showing that the challenged claims were unpatentable over various patent and non-patent literature documents under 35 U.S.C. § 103. The inter partes review remains pending at the Board and is captioned IPR2018-00797.
By: Jacqueline A. DiRamio