About the PTAB Life Sciences Report:  Each month we will report on developments at the PTAB involving life sciences patents.

Complete Genomics, Inc. v. Illumina Cambridge Ltd.

PTAB Petition:  IPR2017-02172; filed October 5, 2017.

Patent at Issue:  U.S. Patent No. 7,566,537 ("Labelled nucleotides," issued July 28, 2009) claims a method of labeling a nucleic acid molecule, the method comprising incorporating into the nucleic acid molecule a nucleotide or nucleoside molecule, wherein the nucleotide or nucleoside molecule has a base that is linked to a detectable label via a cleavable linker and the nucleotide or nucleoside molecule has a ribose or deoxyribose sugar moiety, wherein the ribose or deoxyribose sugar moiety comprises a protecting group attached via the 2' or 3' oxygen atom, and said protecting group can be modified or removed to expose a 3' OH group and the protecting group comprises an azido group.

Petitioners Complete Genomics, Inc.; BGI Shenzhen Co., Ltd.; BGI Groups USA Inc.; BGI Genomics Co., Ltd.; and BGI Americas Corp. are are challenging the '537 patent on one ground as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '537 patent has been the subject of the following lawsuits: Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359 (Fed. Cir. 2016) (appeal from IPR2013-00517); Ilumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc., 638 Fed. Appx. 999 (Fed. Cir. 2016) (unpublished) (appeals from IPR2013-00128 and IPR2013-00266); Trustees of Columbia University in the City of New York v. Illumina, Inc., 620 Fed. Appx. 916 (Fed. Cir. 2015) (unpublished) (appeals from IPR2012-00006, IPR2012- 00007, and IPR2013-00011); Trustees of Columbia University in the City of New York v. Illumina, Inc., 1:12-cv-00376-GMS (D. Del.); Illumina, Inc. et al. v. Qiagen, NV et al., 3-16-cv-02788 (N.D. Cal.); IPR2013-00517 (Intelligent Bio-Systems, Inc.; filed 08/19/2013; instituted 02/13/2014; determined not unpatentable 02/11/2015); IPR2013-00518 (Intelligent Bio-Systems, Inc.; filed 08/19/2013; instituted 02/13/2014; determined not unpatentable 02/11/2015).  Petitioner concurrently filed a second petition for inter partes review of the '537 patent (IPR2017-02174; filed October 5, 2017; pending) challenging the '537 patent on different grounds.

Complete Genomics, Inc. v. Illumina Cambridge LTD.

PTAB Petition:  IPR2017-02174; filed October 5, 2017.

Patent at Issue:  U.S. Patent No. 7,566,537 ("Labelled nucleotides," issued July 28, 2009) claims a method of labeling a nucleic acid molecule, the method comprising incorporating into the nucleic acid molecule a nucleotide or nucleoside molecule, wherein the nucleotide or nucleoside molecule has a base that is linked to a detectable label via a cleavable linker and the nucleotide or nucleoside molecule has a ribose or deoxyribose sugar moiety, wherein the ribose or deoxyribose sugar moiety comprises a protecting group attached via the 2' or 3' oxygen atom, and said protecting group can be modified or removed to expose a 3' OH group and the protecting group comprises an azido group.

Petitioners Complete Genomics, Inc.; BGI Shenzhen Co., Ltd.; BGI Groups USA Inc.; BGI Genomics Co., Ltd.; and BGI Americas Corp. are are challenging the '537 patent on two grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '537 patent has been the subject of the following lawsuits:  Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd., 821 F.3d 1359 (Fed. Cir. 2016) (appeal from IPR2013-00517); Ilumina Cambridge Ltd. v. Intelligent Bio-Systems, Inc., 638 Fed. Appx. 999 (Fed. Cir. 2016) (unpublished) (appeals from IPR2013-00128 and IPR2013-00266); Trustees of Columbia University in the City of New York v. Illumina, Inc., 620 Fed. Appx. 916 (Fed. Cir. 2015) (unpublished) (appeals from IPR2012-00006, IPR2012- 00007, and IPR2013-00011); Trustees of Columbia University in the City of New York v. Illumina, Inc., 1:12-cv-00376-GMS (D. Del.); Illumina, Inc. et al. v. Qiagen, NV et al., 3-16-cv-02788 (N.D. Cal.); IPR2013-00517 (Intelligent Bio-Systems, Inc.; filed 08/19/2013; instituted 02/13/2014; determined not unpatentable 02/11/2015); IPR2013-00518 (Intelligent Bio-Systems, Inc.; filed 08/19/2013; instituted 02/13/2014; determined not unpatentable 02/11/2015).  Petitioner concurrently filed a second petition for inter partes review of the '537 patent (IPR2017-02172; filed October 5, 2017; pending) challenging the '537 patent on different grounds.

ABS Global, Inc. v. Cytonome/ST, LLC

PTAB Petition:  IPR2017-02162; filed October 5, 2017.

Patent at Issue:  U.S. Patent No. 9,446,912 ("Multilayer hydrodynamic sheath flow structure," issued September 20, 2016) claims a flow structure for suspending a particle in a sheath fluid, comprising: a primary flow channel provided within a substrate and configured to convey fluid in a downstream direction; and a sheath fluid distribution system including: a first sheath fluid channel in fluid communication with the primary flow channel at a first sheath fluid introduction region for injecting sheath fluid into the primary flow channel in a first direction away from a first wall of the primary flow channel; and a second sheath fluid channel in fluid communication with the primary flow channel at a second sheath fluid introduction region for injecting sheath fluid into the primary flow channel in a second direction away from a second wall of the primary flow channel, wherein the second sheath fluid introduction region is located downstream from the first sheath fluid introduction region, and wherein a width of the primary flow channel at the first sheath fluid introduction region is greater than a width of the primary flow channel at the second sheath fluid introduction region.

Petitioners ABS Global, Inc. and Genus plc are challenging the '912 patent on three grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or obvious under 35 U.S.C. § 103(a) (grounds 2 and 3).  View the petition here.

Related Matters:  According to the petition, the '912 patent is the subject of the following litigation:  Cytonome/ST, LLC v. ABS Global, Inc, Genus plc, et al., Case No. 3:17-cv-00446 (W.D. Wis.).

ABS Global, Inc. v. Cytonome/ST, LLC

PTAB Petition:  IPR2017-02097; filed October 6, 2017.

Patent at Issue:  U.S. Patent No. 8,529,161 ("Multilayer hydrodynamic sheath flow structure," issued September 10, 2013) claims a microfluidic system comprising: a primary flow channel for flowing a sample having one or more particles suspended in a suspension medium; a primary adjustment region including a first set of one or more inlets intersecting the primary flow channel and adapted for introducing additional suspension medium into the primary flow channel, whereby the sample is adjusted in at least a first direction; and a secondary adjustment region downstream of the primary alignment region and including a second set of one or more inlets intersecting the primary flow channel downstream of the first set of one or more inlets and adapted for introducing additional suspension medium whereby the sample is adjusted in at least a second direction different from the first direction.

Petitioners ABS Global, Inc. and Genus plc are challenging the '161 patent on two grounds as being anticipated under 35 U.S.C. § 102(b) (ground 1) or obvious under 35 U.S.C. § 103(a) (ground 2).  View the petition here.

Related Matters:  According to the petition, the '912 patent is the subject of the following litigation:  Cytonome/ST, LLC v. ABS Global, Inc, Genus plc, et al., Case No. 3:17-cv-00446 (W.D. Wis.).

ABS Global, Inc. v. XY, LLC

PTAB Petition:  IPR2017- 02184; filed October 10, 2017.

Patent at Issue:  U.S. Patent No. 7,208,265 ("Method of cryopreserving selected sperm cells," issued April 24, 2007) claims a method of cryopreserving sex-selected sperm cells, comprising: a. obtaining sperm cells from a species of a non-human male mammal; b. sorting said sperm cells, without the presence of protective compounds in seminal plasma, and based upon sex-type to provide a collection of sex-selected sperm cells obtained using flow cytometry or fluorescence-activated cell sorting; c. cooling said sex-selected sperm cells; d. suspending said sex-selected sperm cells in an extender to provide a concentration of sperm cells of about 5 million per milliliter of extender to about 10 million per milliliter of extender; and e. freezing said sex-selected sperm cells in said extender.

Petitioners ABS Global, Inc. and Genus plc are challenging the '265 patent on two grounds as being obvious under 35 U.S.C. § 103(a).  View the petition here.

Related Matters:  According to the petition, the '265 patent is the subject of the following litigation:  Cytonome/ST, LLC v. ABS Global, Inc, Genus plc, et al., Case No. 3:17-cv-00446 (W.D. Wis.), and XY, LLC et al. v. Trans Ova Genetics, LC, Case No. 1:17-cv-00944 (D. Colo.).