Billups’ Gene Test Patents Are Invalid: Fed. Circ.

Law360 (April 29, 2011, 7:27 PM EDT) -- The Federal Circuit on Friday affirmed a lower court’s invalidation of two patents Billups-Rothenberg Inc. claimed were infringed by Associated Regional and University Pathologists Inc. and Bio-Rad Laboratories Inc.’s diagnostic assays and kits for detecting an iron disorder.

A three-judge panel held that a California federal judge was correct in dismissing the case against the defendants after concluding that Billups’ U.S. Patent Number 5,674,681 was invalid for lack of written description and U.S. Patent Number 6,355,425 was invalid as anticipated.

“Because the district court properly granted...
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