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Guardant Health v. Foundation Medicine | Patent Lawsuit 21-1104

Guardant Health, Inc. v. Foundation Medicine, Inc.

21-1104 Fed. Cir. Closed US9834822B2
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Patentability filed 26 Oct 2020 in the United States Court of Appeals for the Federal Circuit and closed 5 May 2023, with US9834822B2 asserted. Recorded basis of termination: vacated and remanded.

Case recordPatsnap Litigation Data·

Case record

Patent involved
US9834822B2
Application no.
US15/492659
Case no.
21-1104
Verdict cause
Patentability
Court
Fed. Cir.
Court level
Court of Appeals
Case region
District of Columbia
Chief judge
None recorded
Trial level
Appeal
Filed – Closed
26 Oct 2020 – 5 May 2023
Duration
921 days
Basis of termination
Vacated and Remanded
Products & marks
Systems and methods to detect rare mutations and copy number variation
Validity challenges
4 on record
Source: Patsnap Litigation Data. Case 21-1104, United States Court of Appeals for the Federal Circuit. Open this record in Eureka
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Patent at issue
US9834822B2 Active App. US15/492659

Systems and methods to detect rare mutations and copy number variation

The present disclosure provides a system and method for the detection of rare mutations and copy number variations in cell free polynucleotides. Generally, the systems and methods comprise sample preparation, or the extraction and isolation of cell free polynucleotide sequences from a bodily fluid; subsequent sequencing of cell free polynucleotides by techniques known in the art; and application of bioinformatics tools to detect rare mutations and copy number variations as compared to a reference. The systems and methods also may contain a database or collection of different rare mutations or copy number variation profiles of different diseases, to be used as additional references in aiding detection of rare mutations, copy number variation profiling or general genetic profiling of a disease.

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Patent standing
Legal status
Active
Granted
5 Dec 2017
Earliest priority
4 Sep 2013
Est. expiry
4 Sep 2033
Validity challenges
4 on recordIPR2019-00652 · Patentability · filed by Foundation Medicine, Inc.PGR2018-00058 · filed by Personal Genome Diagnostics, Inc.IPR2019-00652 · filed by Foundation Medicine, Inc.IPR2019-00653 · filed by Foundation Medicine, Inc.
Licences recorded
None recorded
Classification
C12P19/34C12Q1/68G06F19/22G16B30/10
Prosecution counsel
WSGR
Examiner
HORLICK, KENNETH
US9834822B2 patent drawing, figure 1
Fig. 1
US9834822B2 patent drawing, figure 2
Fig. 2
Source: Patsnap patent data + case record. Bibliographic fields and drawings reproduced from the published patent document. Break down the claims
Parties & counsel

Parties of record

Counsel of record

Source: case record + Patsnap company data. Attorney names appear as recorded in the docket. Compare both portfolios
Outcome

Basis of termination

From the record · verbatim

“THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: VACATED AND REMANDED”

Case 21-1104 · Fed. Cir. · closed 5 May 2023
Source: case record, verbatim. The quoted paragraph is the basis-of-termination text as filed.

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FAQ

Frequently asked questions

What is case 21-1104?

21-1104 is a patent patentability brought by Guardant Health, Inc. against Foundation Medicine, Inc., filed on 26 Oct 2020 in the United States Court of Appeals for the Federal Circuit. The case closed on 5 May 2023.

Which patent was asserted in 21-1104?

US9834822B2 (“Systems and methods to detect rare mutations and copy number variation”), assigned to GUARDANT HEALTH, INC., currently active. The record also lists Systems and methods to detect rare mutations and copy number variation.

How was case 21-1104 terminated?

The recorded basis of termination is vacated and remanded. The termination text reads: “THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: VACATED AND REMANDED”

How long did case 21-1104 take?

921 calendar days, from filing on 26 Oct 2020 to closure on 5 May 2023.

Who were the attorneys and the judge in 21-1104?

Michael T. Rosato, Richard Torczon and Sonja Rochelle Gerrard Ph.D. are recorded as counsel for plaintiff Guardant Health.

Answers reproduce fields from the case record for 21-1104 and do not constitute legal advice. Ask your own question

Disclaimer. This page reproduces publicly available court docket data for case 21-1104 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.

Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.

No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.

No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.

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