PTAB Questions Caris' Word Use In Cancer Treatment Patent

Law360 (February 13, 2020, 9:27 PM EST) -- Two Patent Trial and Appeal Board judges appeared perplexed Wednesday by Caris MPI Inc.'s attempt to save its cancer therapy patent from invalidation by urging the board to apply an informal meaning of a medical term in construing one of the challenged claims.  

According to Caris, the claimed invention helps oncologists identify personalized treatment options for lung cancer patients based on molecular testing but also requires testing to identify ineffective treatments, a feature it says distinguishes its invention from existing technology and makes it patentable.

The case could turn on whether the board adopts Caris' position that the phrase "likely lack...

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