Fed. Circ. Faults PTAB's Order Upholding Verinata Patent

Law360, New York (November 16, 2015, 9:19 PM EST) -- The Federal Circuit on Monday vacated the Patent Trial and Appeal Board's decision in an inter partes review upholding all of the claims of Verinata Health Inc.'s patent on a method of detecting fetal abnormalities, finding the board may not have properly considered some evidence.

The decision marks only the second time that the Federal Circuit has overturned a PTAB decision upholding the challenged claims of a patent in an America Invents Act review, following a ruling earlier this month.

In a final written decision last year, the PTAB found that Ariosa Diagnostics, which challenged Verinata's patent, failed to show that...

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