July 18, 2022

Federal Circuit Upholds Invalidation of Kidney Test Patents (Law360)


The Federal Circuit on Monday refused to undo a lower court's finding that three Stanford University patents licensed to a developer of commercial tests for kidney transplant rejections were invalid, saying they are directed toward natural phenomena. The patents are at the center of an infringement suit CareDx and Stanford filed against Natera Inc. and Eurofins Viracor Inc. in March 2019 claiming that Natera's kidney transplant rejection test, described as an "organ transplant rejection assay" and "allograft rejection" test, infringed the three patents. "Eurofins Viracor is very pleased that the court has agreed with its arguments and affirmed the judgment in Eurofins Viracor's favor in this challenge to Eurofins' critically important diagnostic tools to manage organ rejection risk," Willy Jay, a lawyer representing Eurofins Viracor and Appellate and Supreme Court Litigation partner at Goodwin, said in a statement to Law360 on Monday. Read the Law360 article here.